Choice of Law

Question 1

vested rights approach

Answer 1

Operable law is law of geographic unit in which parties’ rights are vested

Test
1. Characterize the area of substantive law
2. Determine the particular choice of law rule
3. Localize the rule to be applied

Question 2

most significant relationship approach

Answer 2

1. Consider the “connecting facts”
2. Consider policy-oriented principles

Question 3

MSRA: Policy-Oriented Principles

Answer 3

1. Needs of interstate or international systems
2. Policies and interests of forum
3. Policies and interests of other jdx
4. Justified expectations of parties
5. Basic policies underlying particular substantive field of law
6. Certainty, predictability, uniformity
7. Ease of determination and application

Question 4

interest analysis approach

Answer 4

General rule: forum applies its own law, will analyze different laws based on interest

1. False conflict: only one state has interest; apply own law
2. True conflict: more than one state has an interest; weigh itnerests
3. Disinterested forum: forum has no interest; make own determination of value or apply law that most closely resemebles own
4. Unprovided-for case: no state has legitimate interst; apply law of forum

Question 5

better rule approach

Answer 5

Selection and application of “best law”

Factors
1. Predictability
2. Maintenance of interstate and international order
3. Simplification of judicial task
4. Advancement of forum’s gov. interests
5. Application of better rule of law (almost always controlling factor)