Choice of Law Theories

Question 1

In determining whether to apply the law of the forum or the law of another jurisdiction with an interest in the controversy, the court will use one of the following approaches:

Answer 1

Vested rights approach

Governmental Interest Approach

OR

Most significant relationship Approach

Question 2

Vested Rights. Under the traditional vested rights CHOICE OF LAW approach,

Answer 2

the court applies the law of the jurisdiction where the event that gave rise to the lawsuit occurred (usually the place where the harm took place).

TRADITIONAL APPROACH

Question 3

Governmental Interest. Under the modern governmental interest approach to CHOICE OF LAW, the court applies the law of the jurisdiction that has a greater interest in having its law applied.

Question 4

In making the Governmental Interest CHOICE OF LAW determination, the court will examine:

Answer 4

the court applies the law of the jurisdiction that has a greater interest in having its law applied. In making this determination, the court will examine:

The policies behind the respective laws in the forum and the other jurisdiction;

AND

Whether it is reasonable for the respective jurisdictions to assert an interest in the application of those policies under the circumstances.

MODERN APPROACH

Question 5

Most Significant Relationship approach to CHOICE OF LAW

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

In making the most significant determination IN CHOICE OF LAW,

Answer 6

The Second Restatement sets forth the following factors for the court to consider:

Relevant policies of the forum and other interested jurisdictions;

Relevant policies underlying the field of law at issue;

Uniformity of result;

AND

Ease of application of the law to be applied.