Conflict of Laws

1. Only exists when there is an issue between two states

2. Territorial Jurisdiction
a. Out of state Defendant being sued in Tennessee
b. Claim Tennessee has no jurisdiction over them
3. Foreign Judgments
a. Prior legal dispute in another state new litigation in Tennessee
b. One of the parties wants that judgment enforced in TN
4. Choice of Law Question
a. Question gives
b. you the law from another state and tells you that its different from TN and you
have to decide which one applies
Domicile
1. State that is your domicile has power over you
2. Domicile vs. Residence
a. Residence is where you live
b. Domicile is where you feel like your home is
3. Domicile of Origin
a. Domicile where you were born
b. Legitimate child takes domicile of the father
c. Illegitimate child/born after death of the father takes the domicile of the mother
4. Domicile of Choice
a. Place where you dwell/have your home
b. Intent to make the place your home
c. Relevant factors very factual inquiry
i. Physical characteristics of the dwelling place
ii. Activities of the dwelling place
1. Voting, church, social life, etc
iii. Time spent there
iv. Other persons/things there
v. Persons mental attitude towards a place
vi. Where does the person call their home
vii. Other dwelling places exist for the person?
d. **No time requirement to establish domicile can be done in an instant but is
harder to prove, amount of time in a place is relevant, but isnt the only factor
prime factor is requisite intent
e. MINORITY RULE REVERTER DOCTRINE TENNESSEE FOLLOWS
i. If a person has decided to reestablish in Tennessee, their domicile switches
back to Tennessee when they begin their journey back
f. What about a person being at a physical location because they are compelled to be
there?
i. Military and prisoners
1. Hard to establish a domicile of choice because you never chose to
be there

5. Domicile by operation of law

a. Married women used to have the domicile of her husband now, if they are living
apart, a married woman has her own domicile
i. Most of the time now people have separate domiciles
b. Minors cannot establish an independent domicile by choice
i. Take the domicile of the parents, if parents are separated, the domicile is
the one of the parent with custody
ii. If both parents are deceased, the domicile stays where it was until changed
by a guardian MINORITY RULE TN FOLLOWS
1. Child takes the domicile of whoever they are living with
MAJORITY RULE
6. Multiple Homes
a. Multiple dwelling places, spending time at both, one of them ends up getting
classified as the domicile, one the residence
b. If they are quite equal in this rare situation, the principal home (domicile) is the
one established first in time
7. Conflict of Domicile Rules
a. When a conflict exists between the forum state and another state, the forum will
apply its own law in determining domicile

Territorial Jurisdiction
1. Most of these rules are judge made. Sometimes there is a statutory rule, courts will
usually follow the statute if it exists
2. Federal court is obligated to follow choice of law principles of the state where they sit
3. Tort cases apply the law of the state where the injury occurred
a. Injuries developing over time taking a drug that ends up causing an injury (take
the drug in one state and injury finally occurs in another state) State of the injury
is where the injury actually occurs/is developed/etc.
b. Restatement 2nd of Conflict of Laws Tennessee adopted this
i. Courts are supposed to apply the laws of the state with the most significant
relationship to the occurrence/parties/issue
ii. Presumptive Rules
1. Is there a statutory/rule? For example, for personal injuries there
is a specific rule wrongful death is the same way unless another
state has a more significant interest
iii. Two-step test
1. Connecting factors
a. Court will look to contacts with each jurisdiction in
reaching a decision
i. Factors
1. Place where the injury occurred
2. Place where the conduct causing injury
occurred

3. Domicile, residence, nationality, place of

incorporation, and place of business of the
parties
4. Place where the relationship, if any, between
the parties is centered
b. THEN consider the policy-principles
i. Take into consideration:
1. Needs of the interstate and international
systems
2. Relevant policies and interests of the forum
3. Relevant policies of other interested states
and relative interests of those states
4. Protection of justified expectations
5. Basic policies underlying that field of law
6. Certainty, predictability, uniformity of the
result
7. Ease in the determination of the law to be
applied
4. Contract Obligations
a. Whether the particular issue involved is one the parties were free to resolve by an
explicit provision in the contract, AND
b. Whether then parties have designated the state whose law governs in the contract
c. Contract Provision Present
i. Parties chosen the state whose law governs the contract then:
1. Chosen states law will be applied if the issue is one the parties
could have resolved by an explicit contract provision
2. Chosen states law will be applied even if the issue is not one the
parties could have resolved by an explicit provision in the contract
UNLESS EITHER
a. Chosen state has no material connection to the parties or
transaction and no other reasonable basis for this choice
i. Ex. A party picks a state law that is way more
beneficial to them
b. Applying the chosen law would violate public policy of the
state having a greater interest in determination
i. Tennessee courts cannot give effect to provisions
calling for application of another states law in real
property in Tennessee
ii. For example, here, contracts of adhesion, courts will
look closer
d. No Contract Provision Present
i. Validity issue
1. If the parties havent chosen the state and the issue at hand is the
VALIDITY of the contract:

a. Tennessee looks to the law of the place where the contract

is made
2. Usury issue
a. Tennessee applies then law that upholds the contract
ii. Performance Issue
1. If there is no provision regarding state la, questions follow the law
of the place of referral
5. What if you cant tell if its contracts/torts/etc?

Renvoi
1. When the forums choice of law rule tells it to apply the rule of another state, you apply
just that law and ignore that states choice of law rule
a. Rejecting the Renvoi very common
b. Accepting then Renvoi makes the applicable foreign law the whole law (use
their law plus their choice of law)

Family Law
1. Marriage
a. Basic rule is that the validity of a marriage is controlled by the law of the place of
its celebration
b. Same-Sex couples if people married in one state become domiciled in another
state, the new state determines the status of people domiciled there
i. Other states will accept the marriage
2. Divorce
a. Each state applies their own divorce law
b. If either party in then marriage is domiciled in that state, the state has power over
the marriage
c. For spousal support/child support, the state has to have personal jurisdiction over
the spouse that would have to pay
3. Custody and Visitation
a. Home state state in which the child has lived with a parent for at least six
consecutive months immediately preceding the suit
b. Forum has to be the childs home state to determine custody and visitation
c. Basic rule for adoption is that if youre going to terminate someones parental
rights they need notice
i. If you know the identity and the location of the parent you have to give
them notice
ii. Putative father registry stuff
1. Putative father registry in the state of Tennessee

Decedents Estate

1. Intestate
a. Immovables (land)
i. Descend according to the whole law of the state where the land is located
b. Movables
i. Pass in accordance with the whole law of intestate succession of then
decedents domicile at time of death
2. Testate
a. Land
i. General rule is the site of the property law controls
ii. A valid will may override
1. Most states provide that a will executed elsewhere will be
recognized in the forum if it would have been valid at the time and
place of execution
b. Movables
i. Controlled by then domicile state
3. Probate
a. Occurs at the place of the domicile at date of death

Arguments against application of foreign law

1. Forum will always apply its own procedural law
a. Determining if it is procedural?
i. Procedure governs fair, efficient, and reliable conduct of litigation
1. Statute of limitations, parties and pleadings, rules of court,
evidence/burden of proof rules, etc. are procedural
ii. Will not apply statute of limitations if it bars the right not the remedy
1. Tennessee will import foreign law if the cause of action accrued in
another state while the party to be charged was a resident there
2. Will only borrow their SoL if it is shorter
iii. If substantive will use the other states rules
1. Statute of frauds/statute of repose ex.
a. Statute of repose runs when the act happens not the claim
arises
2. Forum will apply its own law if the foreign law is against public policy
a. Choice of law rules do not require a forum to adjudicate a case if foreign law
creates a claim that is repugnant to the strong public policy of the forum
b. This doesnt justify eliminating a defense
3. Forum will not entertain an action based on the criminal law of another state or on any
other penal law

Territorial Jurisdiction
1. Required for there to be a valid judgment entitled to recognition in the forum state
a. Judgment is valid if

2.

3.

4.
5.

i. State in which the judgment is rendered has territorial jurisdiction over the
action
ii. Adequate notice has been afforded to the party against whom the judgment
is to be rendered
iii. Judgment is rendered by a court with subject matter jurisdiction
Jurisdiction over person (personal jurisdiction)
a. Valid personal judgment for the payment of money can be enforced against all of
the property subject to execution wherever that property is and whenever it is
acquired
b. Presence in the state + service of process within the state
c. Domicile in the state/citizenship
d. Consent
i. Contractual relationship (choice of law/forum clause)
ii. Will always be a proper basis of personal jurisdiction if the consent is
proper
iii. TENNESSEE CHOICE OF CORUM CLAUSES
1. TN SUPREME COURT
a. Can P secure effective relief in the chosen forum?
b. Is the chosen state substantially less convenient then then
forum state?
c. Was the agreement obtained by duress, misrepresentation,
abuse of economic power, or other unconscionable means
d. Any other reason it may be held unreasonable
e. Appearance
i. An appearance by the D subjects the D to personal jurisdiction of the
forum
ii. Or you can appear and object at the outset
1. Then appeal if you lose
Jurisdiction over property
a. Typically valid only with respect to the property the judgment is over
b. In rem actions
i. Based on property in the state and affects the interests of all persons in
then designated property property must be located in the state
c. Quasi in rem
i. Affects the interests of particular persons in designated property but not
ALL persons
d. Shaeffer
i. If Ps claim related to property in the forum
1. State has jurisdiction
ii. If Ps claim not related to property
1. State cant use property to assert jurisdiction
Jurisdiction over status
a. Adoption/divorce
b. Based on domicile
General jurisdiction
a. Where can you be sued for anything

b. Domicile/Citizenship
c. Substantial contacts
i. Contacts so continuous and systematic as to render the defendant
essentially at home in the forum state
d. Corporate Defendants
i. Subject to general jurisdiction in state of incorporation and state of
principal place of business
ii. Just buying stuff from a state repeatedly doesnt give general jurisdiction
iii. Corporation, except in extraordinary circumstances will be subject to
general jurisdiction in only state of incorporation and principal place of
business
e. TN Supreme Court if a corp. has set up an agent for service of process in TN,
then you have given consent to general jurisdiction in TN (suspect ruling**)
6. Specific jurisdiction
a. Where can you be sued on specific claims that arise out of or relate to particular
acts done or effects caused within the forum
i. Certain minimum contacts
b. Does the forum have an interest in the dispute?
c. Is the assertion of jurisdiction fair to the D?
d. Whether the forum a reasonably convenient place to try the case?
e. GENERAL RULE
i. No critical single factor but if some event the P has to establish as part of
the claim occurred in the forum and whether the occurrence of that event
within the forum is fairly attributable to the actions of the D in that state
f. Physical presence in state + act occurring in the state = specific jurisdiction
i. Non-resident motorist statutes ex.
g. Keeton v. New Hampshire
i. Hustler distributed 8-12k magazines and the magazine injured P specific
jurisdiction was there
h. Doing business in a state and that business causes the claim will probably give
specific jurisdiction
i. All kinds of factors influence the courts in these cases
i. Upheld jurisdiction
1. Intentional profitmaking activity
2. Intentional tortious conduct
a. Conduct the D knew was substantially likely to cause
injury
3. Contract cases
a. Look at the relationship and course of dealing of the parties
+ a choice of law provision
ii. No jurisdiction
1. D not engaging in economic activity and P initiated the activity
j. Stream of commerce theory

i. Manufacturer that makes a product and puts it into the stream of

commerce and product is sold in the forum state and causes injury in that
state
1. Can be sued in that state
2. Usually need stream of commerce PLUS additional content to
market
ii. TN Supreme Court
1. State may assert jurisdiction whose products are distributed under
independent intermediaries if they target Tennessee
7. Adequate Notice
a. Have to use a mechanism intended to give then D notice in fact
i. Does not require personal service, just likely to give actual notice
1. Can get a valid notice in absence of actual notice
b. 2 types of Ds
i. Identity/location is known or can be ascertained with reasonable diligence
1. ADOPTION AND PUTATIVE REGISTRY
2. If you know your method of notice has failed and there are other
reasonable alternatives, you have to use the other alternatives
a. Relatives, etc.
ii. Identity/location is unknown or cannot be ascertained with reasonable
diligence

Foreign Judgments
1. Full faith and credit
a. Recognizing it
i. For claim and issue preclusion/merger
ii. Give the judgment the same claim and issue preclusion it would have in its
original jurisdiction
iii. Judgment on the merits will bar a subsequent action on the same claim
iv. Claim preclusion
1. If second action is based on the same claim
v. Issue preclusion
1. Must have been actually litigated
2. Must have been actually decided
3. Must have been essential to judgment
4. Mutuality
a. Both parties involved must have been a party to then first
case
b. Tennessee will not allow defensive issue preclusion
b. Enforcement
c. Any defenses to the recognition/enforcement of a valid judgment?
i. Yes, if it is valid it is entitled to recognition/enforcement

1. If its for money it can even violate public policy

ii. SCOTUS
1. Workers Compensation
a. A worker can seek a supplemental workers compensation
benefit under another states law
2. Tennessee Supreme Court has held that supplemental workers
comp awards will not be made if the worker made a choice to go
after one state
iii. Enforcing state is entitled to apply its own SoL for judgments