3 - constitutional limits on CoL decisions

Question 1

constitutional limits on CoL decisions

Answer 1

Due Process
Full Faith and Credit
Modern test

Question 2

Due Process

Answer 2

“No State shall deprive any person of life, liberty, or property without due process of law.”
Don’t use the law of a state which the party doesn’t have a relationship with in order to unduly take property.
Protect the party from unfair surprise.

Question 3

Full Faith and Credit

Answer 3

“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial proceedings of every other State.”
All states recognize laws of sister states.
This protects the sovereignty of the sister states.

Question 4

Modern test

Answer 4

The state whose law is chosen must have a SIGNIFICANT CONTACT or aggregation of contacts CREATING STATE INTERESTS such that CoL is NEITHER ARBITRARY nor FUNDAMENTALLY UNFAIR.

Question 5

Modern test - requirements

Answer 5

Under the modern test, application of a given state’s law is constitutional IF:
1. That state has significant CONTACTS with the parties and the occurrence/transaction at issue AND
2. That state has an INTEREST in the events and the outcome of the action.
This test permits states to use different CoL theories and reach different conclusions about what law should be applied.