Choice

Question 1

Diversity Rules

Answer 1

1. Federal court uses choice of law approach of the state in which it sits
2. If diversity case is transferred from a proper venue, the new court uses the choice of law approach of the state in which the original court sat
3. If a diversity case is transferred from an improper venue, the new court uses the choice of law approach of the state in which it sits

Question 2

Governing Rule

Answer 2

The forum court will select the governing law using its state’s choice of law approach.

Question 3

First Restatement Approach

Answer 3

Court applies the law mandated by the applicable vesting rule. That rule is selected based on the relevant substantive area of law.

Question 4

Interests Approach

Answer 4

Court will consider which states have a legitimate interest in the outcome of the litigation. If the forum court state has an interest, it will use its law. If there is no conflict, it will apply the law of the interested state.

Question 5

Second Restatement Approach

Answer 5

Court applies the law of the state that is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles, such as the policies of each jurisdiction, expectation of parties, need for predictability, etc.

Question 6

Torts

Answer 6

First Restatement: governing law is the law of the state where the injury occurred

Second: consider place of injury, place of conduct, homes of each party; consider policies of all connecting states

Generally will be the law where the injury occurred, unless loss distribution rule + common domicile.

Question 7

Contracts

Answer 7

First: if about formation, apply the law of the place of contracting; if about performance, apply the law of the place of performance

Second: consider place of contracting, place of performance, domiciles; consider policies and expectations

Choice of law provisions are enforced if valid and express

Question 8

Property

Answer 8

Real property: apply law where it is located

Moveable + inter vivos: apply law where it is located at time of transaction

Moveable + inheritance: apply law of decedent’s domicile at death

Question 9

Family

Answer 9

Marriage: valid everywhere if valid where formed (unless tried to evade a prohibited marriage)

Divorce: apply law of the forum state

Legitimacy of child: apply law of mother’s domicile at time of birth

Paternity: apply law of father’s domicile

Question 10

Choice of Law Defense

Answer 10

Don’t apply another state’s law if it’s a procedural rule, including statutes of limitations unless there’s a borrowing statute or you’re applying a foreign statute that includes a statute of limitations.

Question 11

Borrowing Statute

Answer 11

Look at both statute of limitations periods and apply the shorter.

Question 12

Domiciles

Answer 12

Minors: parents

Incapacitated: parents or former domicile

Present + intent to remain: domicile by choice