Choice of Law Approaches

Question 1

What is the purpose of choice of law approaches?

Answer 1

The purpose is to determine whether to apply the law of the forum or the law of another jurisdiction with an interest in the controversy.

Question 2

What is the vested right approach?

Answer 2

Under the traditional vested rights approach, the court applies the law of the jurisdiction WHERE THE EVENT THAT GAVE RISE TO THE LAWSUIT OCCURED. (usually the place where the harm took place)

Question 3

What is the government interest approach?

Answer 3

Under the modern governmental interest approach, the court applies the law of the jurisdiction that has a greater interest in having its law applied.

Question 4

Under the governmental interest approach, what are the two factors courts will analyze to determine what law applies?

Answer 4

In making the determination, the court will examine:

1. The policies behind the respective laws in the forum and the other jurisdiction; AND
2. Whether it is reasonable for the respective jurisdictions to assert an interest in the application of those policies under the circumstances.

Question 5

What is the most significant relationship approach?

Answer 5

Under the Second Restatement, the court applies the law of the jurisdiction that has the most significant relationship to the problem at issue.

Question 6

What four factors do courts use to determine what law to use under the Most Significant Relationship approach?

Answer 6

In making the determination, the second restatement sets forth the following factors for the courts to consider:

1. Relevant policies of the forum and other interested jurisdictions:
2. Relevant policies underlying the field of law at issue.
3. Uniformity of result; AND
4. Ease of application of the law to be applied.

Question 7

What are three types of choice of law approaches?

Answer 7

1. Vested Interest Approach
2. Governmental interest approach
3. Most significant relationship approach