Applications to Specific Substantive Areas

Question 1

Which CofL approach is NOT sensitive to substantive area of law at issue?

Answer 1

Interest analysis

Question 2

Big difference b/w Vested Rights and MSR approaches re substantive areas?

Answer 2

For Vested Rights, same vesting rule generally applied to entire claim, while for MSR, each issue must be analyzed separately

Question 3

Under VR approach, governing law for a tort claim is ________.

Answer 3

Area where injury occurred

Question 4

4 factual connection considerations per MSR for tort claim?

Answer 4

1) place of injury
2) place of conduct causing injury
3) place where parties are at home
4) where relationship, if any, is centered

Question 5

2 policy principle considerations per MSR for tort claim?

Answer 5

1) relevant policies of forum state
2) relevant polices of other connected states

Question 6

For a tort claim, what is the usual outcome under each approach?

Answer 6

Governing law almost always the law of the place of injury

Question 7

2 key tort claim exceptions for VR/MSR approaches?

Answer 7

1) loss distribution rule
2) parties share common domicile
IF EITHER MET, APPLY LAW OF COMMON DOMICILE

Question 8

What is a choice of law provision?

Answer 8

allows parties to select the law that will apply to their contract

Question 9

What is required for a choice of law provision to be enforced?

Answer 9

Must be 1) valid AND 2) express

Question 10

2 reasons to find choice of law provision in K invalid?

Answer 10

1) law selected has no reasonable relationship to the K; AND
2) Provision included without true mutual consent

Question 11

2 rules re choice of law K provision under VR approach?

Answer 11

1) If case about formation, apply law of place of contracting (e.g., consideration, capacity, formalities)
2) If case about performance, apply law of place of performance (e.g., time/place/manner of performance; excuses for nonperformance)

Question 12

What is unique regarding the choice of law approaches for property?

Answer 12

Each approach effectively applies the same rules

Question 12

Considerations re choice of law K provision under 2nd RST approach?

Answer 12

Factual connections:
1) place of contracting
2) place of negotiation
3) place of performance
4) place where parties at home
Policy principles:
Same as tort claim (forum state; connected states) PLUS reasonable expectations of parties

Question 13

Which law used when immovable (real) property in question?

Answer 13

Law of situs (i.e., where property located)

Question 14

Which law used when movable (personal) property acquired inter vivos in question?

Answer 14

Law of situs (i.e., where property located)

Question 15

Which law used when movable (personal) property acquired via inheritance in question?

Answer 15

Law of decedent’s domicile at date of death

Question 16

What is required for a marriage to be valid everywhere?

Answer 16

Marriage must have been valid where performed

Question 17

What is the primary exception re choice of law for marriage?

Answer 17

When domiciliaries of one state temporarily relocate to another state to enter marriage that violates a prohibitory rule in their home state, state of domicile WILL NOT recognize marriage

Question 18

Difference b/w prohibitory rules and discretionary rules re marriage?

Answer 18

Prohibitory: express public policy (e.g., incest, polygamy, min age)
Discretionary: administrative in nature (e.g., license, parental consent, blood test certificate)

Question 19

Which state law applies for divorce?

Answer 19

Forum applies own laws for divorce

Question 20

2 rules re child’s status (i.e., legitimacy)?

Answer 20

1) child’s legitimacy governed by law of mother’s domicile at time of child’s birth
2) validity of subsequent acts of legitmation concerning paternity governed by law of father’s domicile