Class Between 2 or More States Flashcards
Conflicts between state and federal law are governed by what and what
The Erie Doctrine and
The Supremacy Clause
Conflicts between state laws are governed by . . .
Choice of Law Methodologies.
Under the Territorial (or Vested Rights) Approach (i.e., Restatement (First) of Conflict of Law) to resolving clashes between 2 or more states, once a conflict is identified, there is a ____ step analysis.
Three
Under the Territorial (or Vested Rights) Approach (i.e., Restatement (First) of Conflict of Law) to resolving clashes between 2 or more states, what are the three steps through which you must analyze the problem?
Characterize the area of substantive law of the conflicting laws (e.g., tort, contract, property)
Determine the particular choice of law rule that governs (e.g., for tort issues, the First Restatements says that the place where the accident occurs controls)
Localize the rule that applies (figure out where the incident occurred)
The Territorial (or Vested Rights) Approach (i.e., Restatement (First) of Conflict of Law) to resolving clashes between 2 or more states comes from . . .
The First Restatement of Conflict of Laws
The most famous rule for the First Restatement is the LEX LOCI DELICTI rule for torts. What does it say?
The law of the place of the wrong determined where the accident actually occurred under the case’s facts
For contracts, the First Restatement provides the general principles that (where) determines the validity and effect of a promise for most purposes.
Place of contracting
For property issues, almost all First Restatement sections follow the ____ rule.
Situs
Under the First Restatement, the law of the place where the property is located will control. T or F?
True
Under the Governmental Interest Analysis Approach to resolving clashes between 2 or more states, conflicts are resolved by referring to what?
Policies underlying competing laws.
Government Interest Analysis starts from the premises that a forum should apply its own law UNLESS . . .
A party requests that another law apply.
If a party makes a request that another law apply under the Governmental Interest Analysis Approach, the court must first identify ____ and evaluate _____
Policies
Contacts.
Under the Governmental Interest Analysis Approach to resolving clashes between 2 or more states, the court should evaluate each state’s policies in light of the Parties’ _______ with the ______ to determine if the policies are relevant to the particular dispute before the court.
In light of the parties’ contact with the state
Under the Governmental Interest Analysis Approach to resolving clashes between 2 or more states, if a state’s policies are relevant to the dispute, the court should conclude that the policies . . .
Represent the interests of the state.
Describe a false conflict?
Occurs when one state has an interest in applying its law and the other does not.
In the event of a false conflict under the Governmental Interest Analysis Approach, the court should apply the law of whom?
The interested state.
H is a resident of PA; G is a resident of PA. H picks p G in PA and travels to DE for a tax-free shopping trip. Car accident in DE and G is badly hurt.
G brings suit against H for damages. DE has a guest statute providing that a guest in an automobile that is involved in an accident cannot recover in an action brought against the host driver. The purpose of this statute is to prevent collusive suits against insurers by hosts and guests. PA does not have such a statute. Harold’s car is insured by a PA company. UNDER GOV’TMENTAL INTEREST, WHICH LAW APPLIES AND WHY?
PA applies because this is a false interest. DE is concerned about protecting DE insurers. PA has an interest is providing recourse for its citizens.
Under the Governmental Interest Analysis Approach to resolving clashes between 2 or more states, if the court finds a conflict between interests, it should ascertain whether a more ____ and ____ interpretation of the policy or apparent interest of one state or the other will avoid the conflict.
More moderate and restrained interpretation.
Under the Governmental Interest Analysis Approach to resolving clashes between 2 or more states, if the court finds a conflict between interests to exist after if attempted to ascertain whether a more moderate and restrained interpretation of the policy or apparent interest of one state or the other will avoid the conflict, then the court has identified a ___ conflict and should apply ____ law.
True
Forum
H is a resident of PA; G is a resident of PA. H picks p G in PA and travels to DE for a tax-free shopping trip. Car accident in DE and G is badly hurt.
G brings suit against H for damages. DE has a guest statute providing that a guest in an automobile that is involved in an accident cannot recover in an action brought against the host driver. The purpose of this statute is to prevent collusive suits against insurers by hosts and guests. PA does not have such a statute. Harold’s car is insured by a DE company. UNDER GOV’TMENTAL INTEREST, WHICH LAW APPLIES AND WHY?
DE law will apply because there exists a true conflict. PA wants to try to protect its tort victims and DE wants to protect DE’s insurance companies. Since a conflict still exists even after checking to see whether a more moderate and restrained interpretation of the policy or apparent interest of one state or the other will avoid the conflict, this is a TRUE CONFLICT and FORUM LAW APPLIES.
If a forum court has no interest in applying its own law, but determines that two or more states have legitimate competing interests, the forum can dismiss the case pursuant to which doctrine?
Forum non conveniens.
Under the Governmental Interest Analysis Approach to resolving clashes between 2 or more states, if the forum non conveniens is not available, the forum court may take one of the following two routes:
Make its own judgement as to which law is better; or
Apply the law that most closely resembles its own.
Under the Governmental Interest Analysis Approach to resolving clashes between 2 or more states, if the court finds that no state has an interest in the application of its law, whose law should control?
Forum
H is a resident of PA; G is a resident of DE. H picks p G in DE for a tax-free shopping trip. Car accident in DE and G is badly hurt.
G brings suit against H for damages. DE has a guest statute providing that a guest in an automobile that is involved in an accident cannot recover in an action brought against the host driver. The purpose of this statute is to prevent collusive suits against insurers by hosts and guests. PA does not have such a statute. Harold’s car is insured by a PA company. UNDER GOV’TMENTAL INTEREST, WHICH LAW APPLIES AND WHY?
DE. Here, PA has no interest because the person injured–G–is a DE resident. DE has no interest because it wants to protect DE insurance companies and H’s company is from PA. Thus, this is an UNPROVIDED FOR CASE and the law of the FORUM CONTROLS.
Except for a few areas for which it provides bright-line rules, the Second Restatement Approach to resolving clashes between 2 or more states interweaves two elements. They are . . .
The policies of Section 6 AND
Connecting factors of particular significance for various types of lawsuits.
Under the Second Restatement Approach to resolving clashes between 2 or more states, courts will interweave The policies of Section 6 AND the connecting factors of particular significance for various types of lawsuits IN ORDER TO pinpoint the jurisdiction with . . .
The most significant relationship to the dispute.
Name the seven (7) Section 6 considerations under the Second Restatement Approach to resolving clashes between 2 or more states.
The needs of the interstate and international systems
The relevant policies of the forum
The relevant policies of other interested states, including their interests in having their law applied to the particular issue
The protection of party expectations
Basic policies underlying the particular field of law
The objectives of certainty, predictability, and uniformity of result; and
Ease of determine and applying the law previously identified as applicable.
Of the seven (7) Section 6 considerations under the Second Restatement Approach to resolving clashes between 2 or more states, which three MUST be applied in each case?
The needs of the interstate and international systems
The relevant policies of the forum
The relevant policies of other interested states, including their interests in having their law applied to the particular issue
Under the Second Restatement Approach to resolving clashes between 2 or more states, the Restatement lists “______ ______” for particular areas of the law that provide specific guidance about the jurisdictions that have a claim to the application of their laws.
Connecting Factors
