Questions on Pleading and Proving Foreign Law
of this topic can be easily understood – such as the traditional
foreign law as a question of fact. It is important to see that this
has been changed, by allowing courts to take judicial notice of foreign
the more confusing issue is whether a plaintiff must plead foreign law.
sense of this topic, it is better to start with a purely domestic case.
a complaint is filed in New York
state court. The complaint states that the defendant (a New
York domiciliary) looked at the plaintiff (a New
York domiciliary) in a funny way (in New
York) and that the plaintiff wants one million
dollars in punitive damages. Can the defendant get the action dismissed
because the plaintiff has not alleged what New
law he is suing under? Is there a requirement to plead domestic law? Or
the complaint deemed to be legally sufficient unless the defendant
matter up (for example, through a motion to dismiss for failure to
a complaint is deemed legally sufficient in a domestic context, why
same thing be true in a choice of law context? How would the Walton
out if the complaint was deemed sufficient?
4) What’s the
difference between presuming that
the complaint is legally sufficient in a choice of law context and
domestic law applies?