Choice of Law (Area #2)

Question 1

Under what 2 conditions may choice of law Q arise?

Answer 1

1) suit involves factual connections with multiple states; AND
2) multiple states will have different laws leading to different results

Question 2

What is important to note regarding choice of law questions?

Answer 2

no judgment entered

Question 2

Core Q and core A for choice of law?

Answer 2

Q: Which state’s law will govern?
A: Governing law is the law selected by the forum court according to its choice of law approach

Question 3

When may exceptions arise regarding choice of law?

Answer 3

When case is in federal court via diversity of citizenship jdxn

Question 4

Can states form their own choice of law approach?

Answer 4

Yes

Question 5

Exception #1?

Answer 5

Federal court applies CofL approach of state in which it sits when a diversity case; based on Erie Doctrine1

Question 6

What restrictions exist limiting forum court’s choice of law?

Answer 6

1) constitutional: limit only if state’s law is chosen with no significant contact with and/or legitimate interest in litigation (weak)
2) statutory: if forum state has statute directing choice of law, then forum court should apply that statute instead of the usual choice of law approach

Question 6

Exception #2?

Answer 6

Proper venue? use law of original (transferor court)
Improper venue? use law of transferee court

Question 7

What are the 3 approaches re Choice of Law?

Answer 7

1) vested rights approach (1st Rst.)
2) most significant relationship (2nd Rst.)
3) interest analysis (gov’t interest)

Question 8

What is the idea behind the Most Significant Relationship approach?

Answer 8

Seek to identify the state having the most significant relationship to the issue at hand AND apply that state’s law

Question 8

How does the Most Significant Relationship approach work?

Answer 8

Consider the connecting facts in a given case AND whether the policy-oriented principles should be considered

Question 9

Per the Interest Analysis approach, what is a true conflict?

Answer 9

Where both forum and other state have interest, creating question

Question 10

3 steps of Vested Rights approach?

Answer 10

1) characterize area of substantive law;
2) determine particular choice of law rule; AND
3) localize rule to be applied

Question 10

What law will forum usually apply when characterizing an issue?

Answer 10

Forum state law

Question 11

Per the Interest Analysis approach, what is a false conflict?

Answer 11

Where forum does not have any interest in the litigation (and thus other state’s law applies)

Question 11

What are the 3 steps for structuring a choice of law answer?

Answer 11

1) state issue and identify the CofL approach;
2) describe applic. CofL approach;
3) apply CofL approach (should include both governing law AND result)

Question 12

How does the Interest Analysis (Gov’t Interest) approach work?

Answer 12

1st: assume forum applies own law
Next: consider whether forum has any interest in the litigation