Bar Exam Strategy

Question 1

What is PA’s general approach to choice of law?

Answer 1

PA courts follow a hybrid methodology which combines the GOV’T INTEREST ANALYSIS with the RESTATEMENT (SECOND)’S MOST SIGNIFICANT RELATIONSHIP test.

Question 2

PA court’s apply the law of the state with . . .

Answer 2

The greatest interest in the legal issue

Question 3

How do PA courts determine which state has the greatest interest in the legal issue?

Answer 3

Evaluating the contacts each state has with the transaction.

Question 4

Only contacts that relate to THIS are relevant to PA’s evaluation as to which state has the greatest interest in the legal issue . . .

Answer 4

Relate to the POLICIES and INTERESTS underlying the particular issue before the court.

Question 5

How does PA measure contacts that relate to the POLICIES and INTERESTS underlying the particular issue before the court? Qualitatively or quantitatively?

Answer 5

Qualitatively (relating to, measuring, or measured by the quality of something rather than its quantity.)

Question 6

The second step in Bar Exam analysis for PA is to Perform the first steps of the gov’t interest analysis. What does this involve?

Answer 6

identify the policies behind competing laws and compare each jurisdiction’s policies with the relevant contacts in the jurisdiction to determine whether the policies are implicated in the case

IN OTHER WORDS, figure out the policies of each state and see whether the contacts in the case implicates these policies.

Question 7

If, after performing the 2nd second step in Bar Exam analysis for PA, you are left with a false conflict, apply whose law?

Answer 7

The interested state.

Question 8

If, after performing the 2nd second step in Bar Exam analysis for PA, you find that there is a true conflict, you should Apply the law of the state with the greatest interest.

Case law suggests that the state with the greatest interest will be the state with . . .

Answer 8

The most significant relationship to the dispute.

Question 9

If, after performing the 2nd second step in Bar Exam analysis for PA, you find that there is a true conflict, you should Apply the law of the state with the greatest interest.

Case law suggests that the state with the greatest interest will be the state with the most significant relationship to the dispute.

Is this a quantitative or qualitative analysis?

Answer 9

Qualitative.

Question 10

If, after performing the 2nd second step in Bar Exam analysis for PA, you find that there is a true conflict, you should Apply the law of the state with the greatest interest.

Case law suggests that the state with the greatest interest will be the state with the most significant relationship to the dispute.

To perform this qualitative analysis, do these 2 things:

Answer 10

List the connecting factors (contacts between each state, the parties, and the subject matter)

Evaluate the connecting factors by reference to the policy oriented principles listed in Section 6 of the Restatement Second of Conflict of Laws.

Question 11

Which 3 Section 6 of RS Second MUST you consider?

Answer 11

The needs of the interstate and international systems

Relevant policies of the forum

Relevant policies of other interested states, including their interests in having their law applied to the particular issue.

Question 12

Which of the RS Second Section 6 MUST factors is missing?

Relevant policies of the forum

Relevant policies of other interested states, including their interests in having their law applied to the particular issue.

Answer 12

The needs of the interstate and international systems

Question 13

Which of the RS Second Section 6 MUST factors is missing?

The needs of the interstate and international systems

Relevant policies of the forum

Answer 13

Relevant policies of other interested states, including their interests in having their law applied to the particular issue.

Question 14

Which of the RS Second Section 6 MUST factors is missing?

The needs of the interstate and international systems

Relevant policies of other interested states, including their interests in having their law applied to the particular issue.

Answer 14

Relevant policies of the forum

Question 15

What are the four SHOULD consider factors contained in Section 6 of RS Second?

Answer 15

Protection of party expectations

Basic policies underlying the particular field of law

Objectives of certainty, predictability, and uniformity of result

The ease of determining and applying law previously identified as applicable.

Question 16

What is the model set up for the FIRST paragraph in a PA Choice of Law question?

Answer 16

Pennsylvania follows a hybrid methodology which combines elements of the Governmental Interest Analysis and the Restatement (Second)’s “Most Significant Relationship” Test. Under this framework, PA courts will apply the law of the state with the greatest interest in the legal issue.

Question 17

What is the model set up for the SECOND PARAGRAPH in a PA Choice of Law Question (Gov’t Interest Analysis through description of a true conflict).

Answer 17

To determine which state has the greatest interest in the legal issue, PA courts will begin by identifying the policies behind competing laws and comparing those policies with the relevant contacts in the jurisdiction. This comparison is done to determine whether each state has a policy implicated in the case.

Question 18

What is the model set up for the FOURTH PARAGRAPH in a PA Choice of Law Question (how to perform True Conflict Analysis).

Answer 18

Case law suggests that the state with the greatest interest in a dispute will be the state with the most significant relationship to that dispute. To make this determination, PA courts perform a qualitative analysis in which they evaluate the contacts between the states, the parties, and the subject matter IN LIGHT OF policy oriented principles set forth in Section 6 of the Restatement (Second) of Conflict of laws. Those principles include, inter alia, (1) the needs of the interstate and international systems, (2) relevant policies of the forum, and (3) the relevant policies of other interested states, including their interests in having their law applied to the particular issue.

Question 19

Paragraph 1 should address which two things?

Answer 19

PA’s combination AND the goal of finding the greatest interest

Question 20

Paragraph 2 should explain what?

Answer 20

That we identify policies supporting the law and compare them to the contacts to determine whose policy is implicated (i.e., who has the greatest interest)

Question 21

Paragraph 3 should discuss what?

Answer 21

False conflict and true conflict (and how the analysis continues for true conflicts)

Question 22

Paragraph 4 should discuss what?

Answer 22

That the state with the greatest interest has the most significant relationship to the dispute AND that the courts make this determination by viewing the contacts between the state, parties, and the subject matter in light of the policy oriented principles set forth in Section 6.

Question 23

What is the model set up for the THIRD PARAGRAPH in a PA Choice of Law Question (how to perform True Conflict Analysis).

Answer 23

If only one state’s policies are implicated, then there is said to be a “false conflict” and the law of the interested state applies. If, however, there is a “true conflict,” then the analysis continues. True conflicts are resolved by applying the law of the state with the greatest interest in the matter.