Choice of Law

Question 1

When a court hears a case that involves parties from or activities in more than one state, it must decide which state’s law to apply. To make that decision, it generally applies what?

Answer 1

the state’s choice of law doctrine.

Question 2

What are the three prevailing choice of law doctrines?

Answer 2

the vested rights approach; the interest analysis approach; and the most significant relationship approach.

Question 3

The vest rights approach is also referred to as the . . .

Answer 3

territorial approach

Question 4

Under the vested rights approach, what law applies?

Answer 4

the law of the place where the parties’ rights vested; i.e. where the last event occurred that was necessary to create a cause of action.

Question 5

What law applies in a vested rights jurisdiction where a torts action is being brought?

Answer 5

the law of the place where the injury occurred.

Question 6

What law applies in a vested rights jurisdiction where a contracts action is being brought?

Answer 6

the law of the place where the contract was made or was to be performed.

Question 7

What law applies in a vested rights jurisdiction where a procedural action is being brought?

Answer 7

the law of the state where the action is brought; i.e. the forum.

Question 8

Where a case could be characterized as both a torts and a contracts case, or a torts and procedure case, what result?

Answer 8

you should apply both tests. The court may manipulate the case to get its desired outcome.

Question 9

Under the interest analysis approach, courts will look to . . .

Answer 9

the laws and policies of the interested states to determine which law should apply.

Question 10

In an interest analysis jurisdiction, what law is presumed to be applied?

Answer 10

the law of the forum, but if a party requests, an interest analysis of all interested states will be performed.

Question 11

In an interest analysis jurisdiction, where the laws of two or more states conflict, but the underlying policies do not, what law will be applied?

Answer 11

the law of the only interested state.

Question 12

In an interest analysis jurisdiction, where the laws and policies of two or more states conflict, what law is applied?

Answer 12

the law of the forum.

Question 13

In an interest analysis jurisdiction, where neither the law nor the policies of two or more states conflict, what law is applied?

Answer 13

the law of the forum.

Question 14

Under the most significant relationship approach, what law is applied?

Answer 14

the law of the state which has the most significant relationship to the occurrence or transaction and the parties.

Question 15

In a most significant relationship jurisdiction, what is taken into consideration in determining which state has the most significant relationship to a transaction or occurrence?

Answer 15

1) relevant policies of the forum; 2) relevant policies of other interested states and the relative interests of those states in the determination of the particular issue; 3) the protection of justified expectations; 4) certainty, predictability, and uniformity of result; and 5) the ease of determining and applying the law chosen.

Question 16

In a most significant relationship jurisdiction where a tort case is being brought, what should be considered in determining the states whose policies should be considered?

Answer 16

place of injury, place of conduct, parties’ domiciles, residence, place of incorporation, place of business, place where parties’ relationship is centered.

Question 17

In a most significant relationship jurisdiction where a contracts case is being brought, what should be considered in determining the states whose policies should be considered?

Answer 17

the place of contracting, negotiation, performance or subject matter of the contract; place of parties’ domicile, residence, place of incorporation.

Question 18

In a diversity case in a federal district court, you should apply the choice of law doctrine of what state?

Answer 18

the law where the federal court is sitting.

Question 19

In a case transferred to federal court from a state court, whose choice of law rules are applied?

Answer 19

the choice of law rules of the transferring jurisdiction.

Question 20

The most significant relationship approach is also referred to as what?

Answer 20

the Second Restatement Approach, since it is the approach espoused by the Second Restatement of Conflicts of Law.

Question 21

Where a tort case is regarding laws that regulate conduct, what law is applied?

Answer 21

the law of the place of the wrong.

Question 22

In a tort case regarding allocation of losses, what law is applied?

Answer 22

it depends on the facts of the case. You would have to apply all three choice of law doctrines and determine which makes sense.

Question 23

Are choice of law clauses required in a contract?

Answer 23

no

Question 24

When will a choice of law clause in a contract always be enforceable?

Answer 24

when it regards matters that the parties can control.

Question 25

Are choice of law clauses regarding matters outside the control of the parties automatically invalid?

Answer 25

no

Question 26

When will a choice of law clause regarding matters outside the control of the parties not be enforced?

Answer 26

a choice of law clause regarding matters outside the control of the parties will not be enforced if: 1) the chosen state has no relation to the parties or transaction; or 2) the chosen law is contrary to the fundamental public policy of the forum state.

Question 27

In a vested rights jurisdiction, a contract dispute regarding the contract’s existence or validity will have what law applied?

Answer 27

the law of the place where the contract was made.

Question 28

In a verbally accepted contract, the place where the contract was made is where?

Answer 28

where the acceptance was uttered.

Question 29

Where a contract is accepted via the mail, the contract was made where?

Answer 29

the place where the acceptance was mailed from.

Question 30

Where a contract is accepted by one’s agent, the place where the contract was created is where?

Answer 30

where the acceptance was actually physically delivered by the agent.

Question 31

In a vested rights jurisdiction regarding a contract dispute over the performance of the contract, what law is applied?

Answer 31

the law of the place of performance.

Question 32

In disputes involving contracts affecting title to land, what law is applied?

Answer 32

the law of the state where the land is located.

Question 33

In a vested interests jurisdiction, a case regarding procedure will have what law applied?

Answer 33

the law of the forum.

Question 34

Are civil practice rules a procedural or substantive matter?

Answer 34

procedural

Question 35

Are statutes of fraud procedural or substantive matters?

Answer 35

substantive

Question 36

Is the parol evidence rule a procedural or substantive matter?

Answer 36

substantive

Question 37

Are burdens of proof procedural or substantive matters?

Answer 37

procedural

Question 38

Are direct action statutes substantive or procedural matters?

Answer 38

procedural

Question 39

In Second Restatement and interest analysis jurisdictions, the court must do what to determine what law will be applied?

Answer 39

analyze the policies and interests of each state involved and identify the state with the most significant relationship the issue.

Question 40

Borrowing Statute

Answer 40

a statute which states that in a conflict of laws case, the law of the state with the shorter of two statutes of limitations is the law that applies.

Question 41

Where a borrowing statute does not apply, what statute of limitations is used in a vested interests jurisdiction?

Answer 41

the law of the forum, because statutes of limitations are procedural law.

Question 42

Where a borrowing statute does not apply, what statute of limitations is used in a Second Restatement or interests analysis jurisdiction?

Answer 42

the court must look to the laws and policies of the states and determine which has the most significant relationship to the parties or transaction.

Question 43

Disputes regarding real property have what law applied in a vested interests jurisdiction?

Answer 43

the law of where the land is located.

Question 44

Disputes regarding real property have what law applied in a Second Restatement and interest analysis jurisdiction?

Answer 44

the court must look at the law and policies of the states in question and determine who has the greatest relationship with the land. This will usually be the law of the place where the land is located.

Question 45

Disputes regarding conveyances of personal property have what law applied in a vested interests jurisdiction?

Answer 45

the law of the land where the property is situated at the time of the pertinent transaction.

Question 46

Disputes regarding conveyances of personal property have what law applied in a Second Restatement and interest analysis jurisdiction?

Answer 46

you know the answer to this

Question 47

Disputes regarding a decedent’s personal property have what law applied in a vested interests jurisdiction?

Answer 47

the law of the state where the decedent was domiciled at their death.

Question 48

In disputes regarding the internal affairs of a corporation, what law is applied in a vested interests jurisdiction?

Answer 48

the law of the state of incorporation.

Question 49

In a tort dispute regarding the external affairs of a corporation, what law is applied in a vested interests jurisdiction?

Answer 49

the place of the injury

Question 50

A marriage that is valid where it is ______________ is valid _______________.

Answer 50

celebrated; everywhere

Question 51

If a marriage would violate a _______________________ of a state, then it may not be recognized even though it is valid where performed.

Answer 51

prohibitory rule

Question 52

A court may decline application of another state’s law if it violates the forum state’s what?

Answer 52

fundamental public policy

Question 53

What kinds of state laws will other states not enforce?

Answer 53

tax and penal laws.