Choice of Law

Question 1

Vested Rights Approach

Answer 1

law controls where the parties rights were vested

Question 2

Most significant relationship approach

Answer 2

law applies with the state that has most significant relationship

Question 3

governmental interest approach

Answer 3

forum state will apply its own law but parties may request another state because they have a better infester in outcome

Question 4

When to determine false conflict or true conflict

Answer 4

in a government interest approach and request another state
- false conflict: forum has no interest in litigation
-true conflict: both have interest in litigation

if cant resolve apply law of forum state

Question 5

what is disinterest forum?

Answer 5

under governmental interest approach if forum non convenes court should dismiss case

if forum non convenient is not viable forum make make determination to which law is better to use

Question 6

federal diversity case

Answer 6

generally apply law where it sits, if transferred from federal court to state apply transferor court

Question 7

Depecage

Answer 7

approach that allows the law of one state to govern one or more issues while the other issues are controlled by another state

Question 8

Renvol

Answer 8

forum court applies another state law to apply foreign state COL