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
Under the Second Restatement Approach to resolving clashes between 2 or more states, absent a preexisting choice by the parties, the court is to apply the law of the jurisdiction with the most ______ _____ to the dispute.
Significant relationship to the dispute.
Under the Second Restatement Approach to resolving clashes between 2 or more states, which section provides the connecting factors for torts?
145
Under Section 145 of the Second Restatement, the rights and liabilities of the parties with respect to an issue in tort are determined by the law of the local state, which, with respect to that issue . . .
Has the most significant relationship to the occurrence and the parties under the principles stated in Section 6.
Under Section 145 of the Second Restatement, the contacts to be taken into account when applying the principles of Section 6 to determine the law applicable to the issue include (4):
Place where the injury occurred
Place where the conduct causing the injury occurred
Domicile, residence, nationality, place of incorporation, and place of business of the parties; and
Place where the relationship, if any, between the parties is centered.
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 RESTATEMENT (SECOND) APPROACH, WHICH LAW APPLIES AND WHY?
Fuck if I know.
Under the PA Approach, courts should follow a hybrid methodology, combining what?
The Gov’tmental Interest Analysis with the Restatement (Second)’s most significant relationship test.
PA courts apply the law of the state with the . . . .
Greatest interest in the legal issue.
Under the PA approach, courts determine which state has the greatest interest in the legal issue by evaluating . . .
The contacts each state has with the transaction.
Under the PA approach, courts determine which state has the greatest interest in the legal issue by evaluating the contacts each state has with the transaction. Only those contacts that relate to the ____ and _____ underlying the particular issue before the court are relevant.
POLICIES and INTERESTS
Under the PA approach, a state’s contacts are measured on a qualitative/quantitative scale to determine which state has a stronger interest.
Qualitative
APPROACH FOR BAR EXAM ANSWER: First, always explain . . . .
PA’s Hybrid Approach (combo of The Gov’tmental Interest Analysis with the Restatement (Second)’s most significant relationship test).
APPROACH FOR BAR EXAM ANSWER: After explaining PA’s hybrid approach, perform the first steps of gov’t interest analysis. In other words, do what?
Indentify policies behind competing laws and compare each jurisdiction’s policies with the relevant contacts in the jurisdiction to determine whether the policies are implicated in the case.
APPROACH FOR BAR EXAM ANSWER: After explaining PA’s hybrid approach and performing the first steps of gov’t interest analysis, what if you are left with a false conflict?
Apply the law of the interested state.
APPROACH FOR BAR EXAM ANSWER: After explaining PA’s hybrid approach and performing the first steps of gov’t interest analysis, what if you are left with a true conflict?
Resolve the conflict by applying the law of the state with the greatest interest.
APPROACH FOR BAR EXAM ANSWER: Case law suggests that the state with the greatest interest will be the state with the ____ ___ ____ with the dispute.
Most significant relationship to the dispute.
APPROACH FOR BAR EXAM ANSWER: Case law suggests that the state with the greatest interest will be the state with the with Most significant relationship to the dispute. To determine this, you must do what two things?
List the connecting factors (contacts between each state, the parties, and subject matter)
Evaluate the connecting factors by reference to the policy oriented principles listed in Section 6 of the Restatement (Second).
H is a resident of DE and G is a resident of PA. H’s car is insured by a DE company. The pair’s shopping trip commences in PA and the accident occurs in DE. G is seriously hurt and brings suit against H in the appropriate court in PA. PA has no bar to recovery. DE, however, has a guest statute barring suit by a guest in an automobile against a host driver. DE’s purpose for the statute is BOTH to protect insurers and to protect host drivers against ungrateful guests. WHICH LAW APPLIES UNDER PA APPROACH.
DE. There is a true conflict here, but DE has the greater interests. This is because they have a more ambitious regulatory scheme and each part of that scheme is implicated (protect drivers AND insurers).
For all choice of law approaches, what controls the application of governing law for issues respecting property?
Situs of the property.
For tangible property, the analysis focuses on the situs of the property when?
At the time of the transaction.
Pennsylvania honors the law’s basic policy of carrying out the contracting parties’ intent to choose expressly a . . .
Governing law for their disputes.
SPECIAL PA RULES: For contracts governing the sale of goods, PA’s versions of the UCC provides the general rule that the parties’ choice should be honored so long as the chosen jurisdiction . . .
bears a reasonable relation to the transaction.
SPECIAL PA RULES: For contracts other than the sale of goods, PA follows which section of the Restatement (second)?
187
SPECIAL PA RULES: Under S. 187 of the Restatement (Second), a court should disallow the parties’ choice of law where the chose state has no __________________ and there is no other ____________________.
No substantial relationship to the parties of the transaction
No other reasonable basis for the parties’ choice.
SPECIAL PA RULES: Section 187 of the Restatement (Second) authorizes courts to refuse to apply a law that is contrary to . . .
A fundamental policy of a state that has a materially greater interest in the dispute than the chosen state.
SPECIAL PA RULES: PA court will/won’t honor a choice of law clause if the contract can be considered an adhesion k.
Won’t
SPECIAL PA RULES: What is PA’s approach with respect to Forum Clauses?
While private parties may not contract to prevent a court from asserting its jurisdiction, a court of proper venue and jurisdiction should nonetheless decline to proceed with a case where the parties have freely agreed that the litigation should be conducted in another forum.
SPECIAL PA RULES: With respect to forum clauses, PA follows the approach that while private parties may not contract to prevent a court from asserting its jurisdiction, a court of proper venue and jurisdiction should nonetheless decline to proceed with a case where the parties have freely agreed that the litigation should be conducted in another forum.
This rule will prevail SO LONG AS . . .
The agreement is not unreasonable at the time of litigation.
SPECIAL PA RULES: With respect to marriage, PA follows the what rule?
Place of Celebration
SPECIAL PA RULES: The validity of marriage is governed by the place where . . .
the marriage was solemnized.
SPECIAL PA RULES: The law of which state is usually applied to determine the duties and liability of an officer or director of a corporation.
State of inc.
SPECIAL PA RULES: The law of which state is usually applied to determine issues of corporate creation and/or dissolution.
State of inc.
What are the five “escape valves”?
Substance/Procedure Dichotomy
Characterization
Statutes of Limitation
Public Policy
Domicile
____ law governs questions of procedure.
Forum
Forum law governs questions of _______.
Procedure
A court can escape the application of a foreign state’s law by characterizing a particular legal issue as ______.
Procedural
Rules that concern the conduct of litigation are generally substantive/procedural.
Procedural
Rules that govern out-of-court conduct are generally substantive/procedural.
Substantive.
Examiners have shown a preference for characterizing disputes involving property and other issues as ____ disputes only
Property
A dispute over a k for the sale of land may be governed by one set of laws if characterized as a ____ dispute and a totally different set of laws if characterized as a ____ dispute
Property
Contract
In PA, statutory law dictates that a court should apply the shorter/longer of two competing SOL periods.
Shorter
T or F: Courts generally refuse to apply a foreign law if it is contrary to a strong public policy of the forum.
True.
Under the Second Restatement, a court may refuse to apply a foreign law that is contrary to a strong public policy of the forum IF they do what?
Carefully consider their decision.
Under which of the three methods of analysis does domicile play a significant role?
Governmental Interest Analysis
For individuals, what two domiciliary requirements must be met?
Physical presence; and
Intent to be domiciled
Where are corporations considered to be domiciled?
State of inc.
