3-APPLICATION --Why apply the foreign law?

TO AVOID UNJUST RESULT --function 1 reject 2 accept; only internal laws 3 accept; internal laws + foreign laws

4-COMITY --originated in the Netherlands --PRINCIPLE OF RECIPROCITY or RECIPROCAL COURTESY --application is proper because n/a would constitute a Disregard of Foreign Sovereignties, LACK OF COMITY --by its definition. --signifies COURTESY of one state towards another --allowing the law of one state to operate within its territory

5-hilton/Johnston --hilton FACTSISSUE --US courts need NOT GIVE the judgment rendered by the French court CONCLUSIVE EFFECT because there was NO RECIPROCITY on the part of France --because only reviewable upon the merits --judgment is not entitled to be considered conclusive, but are prima facie evidence only of the justice of the plaintiffs claim --reciprocity was employed w/ note of VENGEANCE

5-johnston --FACTSISSUE --comity rest NOT ON THE BASIS OF RECIPROCITY..but rather upon the PERSUASIVENESS OF THE FOREIGN JUDGMENT --if inquired by French courts judicially,honestly, and with full jurisdiction and with intentionUS courts cannot sit as CA --this court is not bound to follow the Hilton case --Hilton casereciprocity is the basis for extending/refusing foreign judgment --johnson->persuasiveness of the foereign judgment is the basis

6-protection of vested right --advanced by professor beale --applicability of foreign law depends on the principle of protection of vested rights --rights acquired in one country must be recognized and legally protected in others --it is not the foreign law but the rights acquired under it which are enforced by the courts of another country

7-loucks/gray Loucks --FACTSISSUE --protection of vested rights theory is applied --a tort committed in one state cretes a right of action that may be sued upon in another unless public policy forbids Gray --FACTS..ISSUE --the theory was not applied because of the interspousal immunity of Maine to deny liability to a New Hampshire wife injured in Maine --the act complained of did not create a legal right, rather, the acts simply did not give rise to a cause of action

8-cooks local law theory --no court may enforce any law but that of its sovereign -- when a suitor comes to a jurisdiction foreign to the place of tort, he can only invoke an obligation recognized by the sovereign. A foreign sovereign under civilized law imposes an obligation of its own as nearly homologous as possible to that arising in the place where the tort occurs

9-most significant relationship theory --the location of one single most significant factor in an event or transaction should identify the State or territorial jurisdiction whose law should govern the transaction --ex -land questions were to be governed by the law of the place where the land is located -tort questions by the law of the place of wrong -procedural questions by the law of the forum -contract questions by the law of the place where the contract was made

9-auten FACTS ISSUE-what law should apply? --ENGLISH LAW because the center of gravity was Mrs. Autens home in England --court has considered is the center of gravity or the grouping of contacts theoryconfers the law of the place which has the most significant contacts with the matter in dispute -- The following are the significant contacts: a) the agreement effected a separation between British subjects, who had been married in England, had children there and lived there as a family for fourteen years; b) during the signing of the separation agreement, both spouses had temporary visas; c) the English wife

only came to New York at that time because it was the only way she could see her husband to discuss their differences and to execute a separation agreement to agree to support his family; d) after the separation agreement, the wife immediately returned to England; even though the money was paid to trustee in New York in English currency, such payments were for account of the wife and children who live in England; e) it recited that the first payment be made before sailing for England; lastly f) it was stipulated that the husband may visit children if the husband should go to England.

9-Auten-England has the greatest concern in prescribing and governing those obligations, and in securing to the wife and children essential support and maintenance

10-Haag --FACTS.. --ISSUE-what law should apply? ILLINIOS because of the choice of law clause and the center for gravity was the mans home in Chicago --The following Illinois contacts are given heavy weight in determining which jurisdiction has the most significant contacts: a) both parties are designated in the agreement as being of Chicago, Illinois, and the defendants place of business is and always has been in Illinois; b) the child was born in Illinois; c) the persons designated to act as agents for the principals (except for a third alternate) are Illinois residents, as are the attorneys for both parties; and lastly, d) all contributions for support

always have been, and still are being, made from Chicago

10-interest analysis --P. Currie attacked the auten ruling for its failure to provide any standard to determine which of the contacts were significant --resolve conflicts cases by looking at the policy behind the laws of the involved states and the interest each state has in applying its own law -- Tasks of the court: 1st - determine whether the case involves a true or false conflict (false conflict - only one state has an actual interest in having the law applied and the failure to apply the other state law will not impair its policy) 2nd - if there is true conflict, the interest is balanced, court should take a second look on the policies and interests of the states. If only one has a real interest, the other is

insubstantial, then there is false conflict. Both have real interest in applying their law which is a true conflict, Currie favored the law of the forum (lex fori - law of the jurisdiction in which relief is pursued), on the theory that the court owes greatest allegiance to the law (and policy) of the sovereign it serves

11-principle of preference --the choice of law should not be the result of the automatic operation of a rule or principle of selection but of a JUST DECISION --must look on the internal laws of two states and the facts in relation to social policies

12-functional approach --courts look at the predominantly concerned state wherein such jurisdiction has ultimate, effective control over the case; and all concerned jurisdiction agree that one has a predominant concern

13-choice-influencing considerations --useful in resolving choice-of-law problems

14-comparative approach --it is the comparison of the various legal systems in relation to legal problems concerningto indicate the international point of view

15-convient forum theory --it is the application of the foreign law in such a convenient forum

16-harmony of treatment and uniformity of result theory --equal justice under the law requires the decision be the same wherever the claim is brought. A conflict problem should receive the same treatment and disposition wherever the forum may happen to be.