Conflicts of Law Outline

Conflict of Laws
Hoffheimer
Summer 2007
 
 
Res Judicata and Collateral Estoppel
Purposes and Finality of Judgments
Efficiency-bars relitigation of issues or claims that have already been settled, thus decreasing workload of courts
Fairness-litigants that have received a valid judgment on an issue or claim should not have to relitigate that claim
General Prerequisites (must be evident)
The judgment must be valid
The judgment must be final on its merits
Matter of local law what is final
Claim Preclusion (Res Judicata)
Prevents the relitigation of an entire claim; either ‘bars’ or “merges’
‘Bars’ refers to the effect of the original judgment in preventing relitigation of the cause of action that was actually litigated.
Based on the idea that there is usually no good reason to litigate a matter twice.
‘Merger’ refers to the effect of the original judgment in preventing litigation that are considered so closely related to what was actually litigated that they should have been litigated all at once.
Finds its justification in the concept of waiver and in a desire to protect the courts and the parties from needless fractionalization of disputes.
Elements of Claim Preclusion (the general elements of Res Judicata apply)
Side bringing the motion must show:
The claim must is the same (or closely related); and,
The parties are the same, or in privity
MS elements
Must show
Identity of Subject Matter of the action
Identity of the cause of action
Identities of the parties (privity)
Identity of the quality/character against whom the claim is made
Issue Preclusion (Collateral Estoppel)
Prevents the relitigation of issues, not whole claims.
Elements
Side bringing motion must show:
There was actual litigation/determination of the issue
The issue was necessary to the judgment of the overall claim
Party against whom the motion is brought has had their chance to litigate (day in court requirement)
That there are the same incentives and opportunities to litigate (Fairness)
Some jurisdictions include a mutuality requirement similar to a same party requirement
Recognition of Judgments
International Judgments-How do US courts enforce foreign judgments?
Traditional English Common Law Rule
Foreign judgments were mere prima facie evidence that a claim existed; the judgment was not automatically enforced but merely used in relitigation as evidence that there may be claim.
Modern Rule
Hilton v. Guyot
Kent-Story Rule: A foreign judgment will be enforced by a US court if the judgment was made in a court:
Where there was the opportunity for a full and fair trial before a court of competent jurisdiction
Conducted upon regular proceedings (subject matter jurisdiction)
After due citation or voluntary appearance of the defendant (personal jurisdiction)
Under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country and those of other countries
The claim must not violate the American public police (not be repugnant to fundamental notions of what is decent and just in the State where enforcement is sought.
There is also a reciprocity ‘requirement’ that is controversial
Reciprocity means that the system that made the judgment must be willing to give