Conflict of Law

Question 1

which federal rule of civil procedure authorizes the court to provide alternative methods of service?

Answer 1

FRCP 4

Question 2

what does FRCP 4 say?

Answer 2

Under rule 4, service on a foreign corporation may be made (1) in accordance w/ int’l treaty; if there is no treaty, service on a corporation may be made; (2) in accordance w/ the foreign country’s laws, (3) as the foreign authority directs when asked, (4) by any other means not prohibited by int’l agreement as the court may order. Service by email would be consistent with the federal rules, assuming the court orders it.

Question 3

what does the method of service chosen under FRCP 4 have to do?

Answer 3

R be calculated to provide the D with notice of the action

Question 4

a federal district court sitting in diversity needs to apply which COL rules?

Answer 4

the state i nwhich it sits

Question 5

what is the most significant relationship test?

Answer 5

a test that seeks to identify which jursidiction has the most significant relationship with the case at hand. the court will look at the specific contacts of each state and evaluate their importance.

Question 6

in addition to contacts under the MSR test, what else will the court consider?

Answer 6

policy considerations, such as the needs of the interjudicial system, the relevant policies of the forum and other interested jursidictions, whether the application of a specific law will further its basic policies, and whether application of a particular law will aid certainty, predictability, and uniformity of such results (ie reduce forum shopping)

Question 7

what are the important places/contacts for torts?

Answer 7

the place of the injury; place where the conduct causing the injury occurred; the domicile, residence, nationality, place of incorporation, and place of business of the parties; and the place where the relationship, if any, b/t the parties is centered.

Question 8

sufficient service req’s that service be served on a defendant at their _____ home.

Answer 8

current, NOT former

Question 9

what is the erie doctrine?

Answer 9

a federal court should apply the state law in which it sits, but the court should apply federal law to procedural matters

Question 10

is COL procedural or substnative?

Answer 10

procedural according to KLAXON

Question 11

can parties agree to a COL in a contract?

Answer 11

yes, and that will stand, except in 2 exceptions

1. if the state chosen has no substantial relationship to the parties or the transaction and there is no other R basis for the party’s choice
2. o COL provision will be invalidated if the COL provision is contrary to a fundamental policy of a state w/ a materially greater interest than the chosen state in the determination of the particular issue and which under the MSR test would be the state of the applicable law in the absence of the COL provision