Conflict of Law

Question 1

Two restrictions on conflict of law choice:

Answer 1

-Constitutional - a state must have significant contact or legitimate interest to apply that law

-Statutory - statutes override common law

Question 2

Approaches to conflict of law

Answer 2

1. Vested Rights
   -Determine substantive area of law
   -Determine corresponding rule
   -Apply corresponding rule to law and facts
2. Most Sig Relationship
   -Considering the facts and policy in the area of substantive law, which state has the greatest interest in the outcome?
3. Interests analysis - default to forum’s choice of law
   -if a true conflict - use forum’s law
   -if a false conflict - use interested state’s law

Question 3

The substantive area of law is important for which approaches and why

Answer 3

VR and MSR

VR applies the same rule for the action
MSR applies rules for individual claims of the action (must analyze each claim)

Question 4

The rules for Vested Rights approach:

Answer 4

Torts - site of injury

Contracts
-Validity question - site of contracting
-Performance question - site of performance

Property (same for all)
Site of real prop
Tangible prop
-IV - site at time of transaction
-Will - decedent’s domicile at death

Question 5

The rules for the Most Sig Relationship approach:

Answer 5

Torts
-Facts - site of injury, conduct, parties’ home states, center of relationship
-Policy - forum’s interest vs other state’s interest

Contract
-Facts - site of contracting, negotiating, performance, parties’ home states
-Policy - forum, other state, and expectations of the parties

Property (same for all)
Site of real prop
Tangible prop
-IV - site at time of transaction
-Will - decedent’s domicile at death

Question 6

Family law choice of law requires:

Answer 6

-Valid marriage given FF&C except where temporary relocation to evade a rule of home state
-Divorces - law of forum applied
-Child legitimacy - mother’s domicile at birth, father’s domicile for questions after

Question 7

Defenses to choice of law application

Answer 7

-against public policy of forum state (not a defense to crediting a final judgment)
-procedural rules of forum state are to be applied

Question 8

Statute of limitations rules

Answer 8

Treated as procedural (to ensure forum state applies their rules) except when

-Borrowing statute exists - apply shorter SoL between the states
-Full Foreign Statute - if CoL rules led to application of a foreign statute, use the SoL too

Question 9

For a decision of another state to be given FF&C it must have been

Answer 9

-Under proper jurisdiction
-Final
-on the merits

Question 10

FF&C is not given to

Answer 10

-Penal judgments
-Extrinsic fraud

Question 11

For foreign judgments to be given FF&C they must

Answer 11

-Have had jurisdiction
-Been fair

Question 12

A choice of law provision is enforceable if

Answer 12

Valid and express

Invalid if no connection between K and state OR if no mutual assent