Choice of Law

Question 1

What is the first step in a choice of law question?

Answer 1

Characterize the issue according to the area of substantive law

Question 2

What is renvoi?

Answer 2

The possibility that, in applying another state’s law, a court might find that the other state’s choice-of-law rules require the court to apply the law of the forum state

Question 3

What should a court do when it runs into a renvoi issue?

Answer 3

Apply the choice-of-law rules of the forum state

Question 4

When will a court accept the renvoi?

Answer 4

(1) Cases concerning the validity of marriage
(2) Cases concerning interests in land

Question 5

What is depecage?

Answer 5

The idea that a court may apply the laws of different states to different issues in the same case

Question 6

What are the three choice of law theories?

Answer 6

(1) Vested Rights approach
(2) Interest analysis approach
(3) Substantial relationship approach

Question 7

What is the vested rights approach?

Answer 7

Directs the court to apply the law of the place where a particular event occurred

Question 8

What are the three categories of Interest-Analysis?

Answer 8

(1) True conflict
(2) False Conflict
(3) Unprovided-for cases

Question 9

What is a true conflict and whose law will the court apply?

Answer 9

When more than one state has an interest in applying its law to the dispute. The court will usually apply the forum’s law as a tiebreaker

Question 10

What is a false conflict and whose law will the court apply?

Answer 10

When one state has an interest in applying its law but another state does not. The court will usually apply the law of the state with the interest

Question 11

What is an unprovided-for case?

Answer 11

A case in which no state has an interest in applying its law to the dispute. Court will usually apply the law of the forum state

Question 12

What is the Substantial Relationship approach?

Answer 12

Directs courts to apply the law of the place with the most substantial relationship to the parties and events giving rise to the lawsuit

Question 13

What factors will courts apply in determining who has the most substantial relationship to a lawsuit?

Answer 13

(1) Where the conduct occurred
(2) Domicile of each party
(3) Where the relationship between the parties is centered

Question 14

Are choice of law clauses enforceable?

Answer 14

Generally, yes

Question 15

When are choices of law clauses not enforceable?

Answer 15

Either:
(1) The chosen state has no substantial relationship to the parties or the transaction and there is no other reasonable basis for the parties’ choice
(2) Applying the clause would be contrary to a fundamental policy police of the state with the most substantial relationship to the issue and has a materially greater interest in determining the issue

Question 16

What is the general rule as to whose law will be applied in cases involving real property?

Answer 16

The state where the real property is located

Question 17

What is the general rule as to whose law will be applied in cases involving corporate issues (internal issues)?

Answer 17

State where the incorporation is incorporated

Question 18

What law will be applied in a divorce and adoption proceeding?

Answer 18

State of filing (forum state)

Question 19

What law will be applied to determine whether a marriage was proper?

Answer 19

State of celebration (unless there is a serious violation of public policy)

Question 20

What type of law will be determined by choice of law?

Answer 20

Substantive only

Question 21

What are the three “defenses” to the application of another state’s law?

Answer 21

(1) Local public policy
(2) Penal laws
(3) Revenue laws

Question 22

When is another state’s law contrary to the forum state’s strong public policy?

Answer 22

When it is offensive, immoral, or unjust

Question 23

What three constitutional provisions affect a court’s choice-of-law analysis?

Answer 23

(1) 14th Amendment
(2) Full faith and credit clause
(3) Privileges and immunities clause

Question 24

When will applying the forum’s state law violate due process?

Answer 24

(1) Forum lacks any connection to the dispute
(2) Either:
(a) Forum law application would frustrate parties’ reasonable expectations; or
(b) Forum law application would cause unfair surprise

Question 25

What is required for a court’s application of its forum state law to satisfy full faith and credit?

Answer 25

Forum has sufficient contacts with the parties and the case

Question 26

When sitting in diversity, whose law should a federal court apply for procedural issues?

Answer 26

Federal law, unless there is no on-point provision in the Federal Rules of Civil Procedure

Question 27

When sitting in diversity, whose law should a federal court apply for substantive issues?

Answer 27

State law

Question 28

What is required for the full faith and credit clause to require on state to honor another state’s judgment?

Answer 28

(1) Valid judgment
(2) Final judgment
(3) Judgment on the merits

Question 29

Is there a public policy exception to enforcing another state’s judgment?

Answer 29

No

Question 30

What are the defenses to the enforcement of a default judgment?

Answer 30

(1) Invalidity
(2) Fraud or duress
(3) Mistake
(4) Minority or incompetency

Question 31

What are the defenses to contested judgments?

Answer 31

(1) Bribery or coercion
(2) Extrinsic fraud
(3) Unrepresented defendant or incompetent person
(4) Penal judgment

Question 32

If there are two or more valid judgments that are inconsistent, which will be enforced?

Answer 32

The last in time