Applications to Specific Substantive Law

Question 1

Is the interest analysis approach sensitive to substantive areas at issue?

Answer 1

No - only the vesting approach & significant relationship approach are sensitive

Question 2

Under the vesting approach, is the same vesting rule applied to the entire claim?

Answer 2

YES - however, under the significant relationship approach and interest analysis approach, each issue is analyzed separately.

Question 3

What is the governing law in a tort claim using the vesting approach?

Answer 3

Where the injury occurred.

Question 4

In a tort claim, what factual connections are considered using the significant relationship approach?

Answer 4

Considerations include the place: (1) of injury; (2) of conduct causing the injury; (3) where the parties are at home; and (4) where the relationship, if any, is centered.

Question 5

In a tort claim, what policy principles are considered by a court using the significant relationship approach?

Answer 5

Policies include: (1) the relevant policies of the forum; and (2) relevant policies of other connected states.

Question 6

usual outcomes for a tort claim

Answer 6

for all three approaches, the governing law will almost always be the law of the place of the injury. however, there are exceptions under the two more modern rules (interest analysis and significant relationship approach).

these exceptions kick in when two conditions are present:
1. the rule at issue is a loss distribution rule; and
2. the parties share a common domicile

Question 7

contract law and choice of law provision rule

Answer 7

a choice of law provision allows the parties to select the law that will apply to their contract.

**rule: **a choice of law provision will be enfroced if it is valid and express.

Question 8

impact of choice of law provision in contract claims

Answer 8

if enforced, provision displaces the choice of law analysis the court otherwise perform.

if rejected, court should conduct analysis.

if in doubt on the bar exam, find the provision invalid.

Question 9

what are the two reasons to find a choice of law invalid in a contract claim?

Answer 9

1. the law selected has no reasonable relationship to the contract
2. the provision was included without true mutual consent

Question 10

choice of law analysis in a contract claim using vesting rules

Answer 10

Rule 1: if the case is about formation, you apply the law of the place of contracting. examples of formation issues include: capacity, contractual formalities, and consideration.

Rule 2: if the case is about performance, apply the law of the place of performance. examples of performance issues include: the time, place, and manner of performance; and excuses for nonperformance

Question 11

choice of law analysis in a contract claim using significant relationship approach

Answer 11

factual considerations include: (1) place of contracting; (2) the place of negotiation; (3) the place of performance; and (4) the place where the parties are at home

policy principles include: (1) relevant policies of the forum state; (2) relevant policies of other connected states; and (3) reasonable expectations of the parties

Question 12

choice of laws regarding real property

Answer 12

apply the law of the situs

Question 13

choice of laws regarding personal property

Answer 13

rule 1: if the case involves an inter vivos transaction, apply the law of the situs at the time of transaction

rule 2: if the case involves a matter relating to inheritance, apply the law of the decedent’s domcile at the date of death

Question 14

if a marriage is valid where performed, it will be recognized [fill in the blank]

Answer 14

everywhere

exception: temporary relocation of marriage –> when domiciliaries of one state temporarily relocate to another state to enter into a marriage that violates a prohibitory rule in their home state, the state of domicile will not recognize that marriage. prohibitory rules are rules that express a strong public policy regarding marriage (incest, polygamy, under age marriage, etc.). By contrast, directory rules are administrative in nature, such as rules requiring a marriage license, parental consent, and a certificate of a blood test.

Question 15

choice of laws in divorce

Answer 15

rule: the forum will apply its own divorce laws.

rationale: to acquire jurisdiction, at least one party must be domiciled in the state. thus, the state has an interest in applying their own law.

Question 16

child’s status & legitimacy rules

Answer 16

rule 1: legitimacy of a child is governed by the law of the mother’s domicile at the time of the child’s birth

rule 2: the validity of subsequent acts of legitimation concerning paternity are governed by the law of the father’s domicile