Choice of Law

Question 1

What are the analytical steps for the Vested Rights Approach to Choice of Law seen in the First Restatement?

Answer 1

1. Characterize the area of substantive law;
2. Determine the particular choice of law rule;
   a. if Tort - law of the place where the wrong or injury occurred;
   b. If contract - Law of the place where the contract was made or was to be performed applies;
   c. If procedural - law of the forum applies.
3. Localize the rule to be applied.

Question 2

What are the analytical steps for teh Most Significant Relationship test?

Answer 2

1. Consider the connecting facts: the specific contacts with each jurisdiction;
2. Consider the policy-oriented principals:
   a. needs of interstate system;
   b. relevant polices of the forum;
   c. policies and interests of other jurisdiction;
   d. expectations of the parties;
   e. basic policies underlying the substantive law;
   f. predictability and uniformity of results;
   g. ease of determination of the law.

Question 3

What are the analytical steps for the Interest Analysis Approach?

Answer 3

1. Assume the forum will apply its own law, unless requested to apply another;
2. If it is requested to apply another state’s law, check for false conflict (forum has no interest);
3. If false conflict, apply the law of the interested state;
4. If true conflict, the forum reconsiders its policies;
5. If the forum has no interest in applying its own law, it should dismiss the case if forum non conveniens is available; if not, it may apply interested state’s law or law of the state that most closely resembles its own law;
6. If no interested state, most courts apply law of the forum.

Question 4

What are the three analytical approaches to choice of law?

Answer 4

1. Vested Rights Approach;
2. Most Significant Relationship Approach;
3. The Interest Analysis (Governmental Interest) Approach.

Question 5

Hypo: P and D are in a car accident in state X. P files a negligence action against D in State Y. State X, where the accident occurred, still adheres to the common law doctrine of contributory negligence, while State Y, where the case is pending, applies a doctrine of comparative negligence. Which law applies using the vested rights approach to the lawsuit?

Answer 5

1. characterize the claim - Tort;
2. Apply the law of the place where the wrong/injury occurred.
3. Localize to state Y.

So, the substantive tort law of state X will apply to the tort issue, and state Y will apply it.