Choice of Law

Question 1

What are the three general choice of law approaches?

Answer 1

1. Traditional Approach
2. Governmental Interest Analysis
3. Most Significant Relationship

Question 2

What is the Traditional Approach (1st Restatement)?

Answer 2

1. As soon as legally significant event occurs, legal right becomes vested under laws where it occurred
2. Right vests when last act takes place that is necessary to give cause of action

Question 3

How do you determine which state’s law should be applied under the government interest approach?

Answer 3

1. IF false conflict, THEN apply only law of interested state
2. IF true conflict, THEN apply law of forum state
3. IF neither interested, THEN apply law of forum state

Question 4

When are states considered to have an interest in the law?

Answer 4

1. Conduct Regulating - (a) wrongful conduct in state, or (b) state domicile is injured
2. Loss Shifting - interest if benefit domiciliary

Question 5

What are the guiding principles of the most significant relationship analysis?

Answer 5

1. Promote relevant policies of forum
2. Protect systemic interests like certainty, uniformity, predictability, and simplicity
3. Protect justified expectations of parties - only for planned transactions

Question 6

What is depecage?

Answer 6

Application of different state laws to different issues within a case

Question 7

What is renvoi?

Answer 7

When applying law of another state, apply the whole law including the choice of law

Question 8

When is there an exception to the general practice of rejecting renvoi?

Answer 8

Issues involving property rights in land