Choice of Law

Question 1

Vertical Choice of Law: Defined

Answer 1

Application of state law v. Federal Law

In Fed Court, apply state substantive law and Fed. Procedural law if arising under state law.

Question 2

Pre-emption

Answer 2

When arising under federal law, it pre-empts over state law (substantive)

Question 3

Requirements for Federal Procedural Rule Applicability (Hanna)

Answer 3

Only evaluate for direct conflicts between state and federal laws

(1) Constitutional
(2) Valid under Rules Enabling Act
- (a) falls under general rules of practice and procedure
- (b) does not abridge, enlarge, or modify any substantive right
(3) Applicable unless it does not fully answer a question that a state law does

Question 4

Substantive v. Procedural Test

Answer 4

(1) whether law defines rights and obligations, or sets method for enforcement
(2) whether the issue is outcome-determinative
(3) whether the result would promote forum shopping
(4) whether the result promotes equitable application of law

Question 5

Horizontal Choice of Law: Defined

Answer 5

State law v. State law (substantive)

Question 6

Rule of Application: Horizontal Law

Answer 6

The choice of law rules applied by the Court are the rules of the state in which the Court sits

Question 7

Transfer: Proper v. Improper

Answer 7

Proper transfer applies law of original jurisdiction for choice of law

Improper (or when contracted) applies law of new jurisdiction for choice of law