Choice of Law

Question 1

Outline three paragraphs of a choice of law response

Answer 1

1. State the issue and identify the choice of law approach
2. describe the choice of law approach
3. apply the approach and come to a conclusion

Question 2

Paragraph one stock language

Answer 2

The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using its applicable choice of law approach

Question 3

Vested Rights approach rule statement

Answer 3

Under the vested rights approach, the court will apply the law of that state as mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.

Question 4

Most significant relationship approach rule statement

Answer 4

Under the most significant relationship approach, the court will apply the law of the state court which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.

Question 5

interest analysis approach rule statement

Answer 5

Under the interest analysis approach, the court will consider which states have a legitimate interest in the outcome of the litigation. If the forum court has a legitimate interest, it will apply its own law. If the forum court does not have a legitimate interest, it will apply the law of another interested state.

Question 6

Applicable vesting rule for torts

Answer 6

Governing law is where the injury occurred

Question 7

Applicable vesting rule for contracts if the case is about formation

Answer 7

Apply the law of the place of contracting

Question 8

Applicable vesting rule for contracts if the case is about performance

Answer 8

apply the law of the place of performance

Question 9

A choice of law provision will displace the choice of law analysis if the provision is:

Answer 9

1) valid and
2) express

Question 10

A choice of law provision will be found invalid if

Answer 10

the law selected in the provision has no reasonable relation to the contract or the provision was included without true mutual consent

if split between applying CoL provision, choose unenforceable and do the analysis for choice of law for the state.

Question 11

applicable most significant relationship approach for contracts

Answer 11

if choice of law provision does not apply consider:
- locations of contracting, negotiation, performance, and where the parties are at home
- relevant policies of the forum state and other connected states

Question 12

vesting rule for real property

Answer 12

apply the law of the situs (where prop is located)

Question 13

most significant relationship approach for real property

Answer 13

apply the law of the situs (where prop is located)

same as the vesting approach

Question 14

vesting and most significant relationship approach for personal property involving an inter vivos transaction

Answer 14

law of the situs at the time of the transaction

Question 15

vesting and most significant relationship approach for personal property involving an inheritance

Answer 15

law of the decedent’s domicile at date of death

Question 16

vesting and most significant relationship approach for marriage

Answer 16

If a marriage is valid where it was performed, it will be valid in all states

except if the parties left their state of domicile to get married under another state’s laws bc their marriage is prohibited in their home state

Question 17

vesting and most significant relationship approach for legitimizing a child after both

Answer 17

apply the laws of the father’s domicile at the time of the suit

Question 19

What choice of law rules apply when a federal court sits in diversity?

Answer 19

When a federal court sits in diversity, the choice of law rules of the state in which the court sits applies. They are treated as substantive.

Question 20

What chioce of law rules apply in transferred diversity cases?

Answer 20

• If venue was proper in the transferor court, then the choice of law rules that the transferor court would have applied apply.
• If venue was not proper in the transferor court, the the choice of law rules of the transferee court apply.

Question 21

Borrowing Statute

Answer 21

Under a borrowing statute, if a court must choose whether to apply its own statute of limitations or another state’s statute of limitations, the court will select the shorter statute of limitations.

Question 22

What are the defenses to choice of law?

Answer 22

1. Public policy. A state will not apply law against its own fundamental public policy.
2. Procedural rules. A state will always apply its own procedural rules.
   
   • NOTE: For choice of law purposes, statutes of limitations are procedural. Recall that statutes of limitations are substantive for Erie purposes.