Conflict of Laws Flashcards
MED-LOW
VESTED RIGHTS APPROACH
(Choice of Laws)
Under the traditional vested rights approach, 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).
MED-LOW
GOVERNMENTAL INTEREST APPROACH
(Choice of Laws)
Under the modern governmental interest approach, 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.
MOST SIGNIFICANT RELATIONSHIP APPROACH
(Choice of Laws)
Under the Second Restatement, the court applies the law of the jurisdiction that has the most significant relationship to the problem at issue. In making this determination, 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.
lowest
EXPRESS CHOICE OF LAW CLAUSES IN CONTRACTS
Parties to a contract are generally free to choose a particular jurisdiction’s law to be applied for matters of contract interpretation through choice of-law provisions.
However, for matters of contract validity, the parties may choose which law applies only if:
- The jurisdiction selected has some connection with the contract; AND
- The choice of law is NOT contrary to a substantial policy interest of another jurisdiction with a greater interest in the matter.
lowest
VESTED RIGHTS APPROACH IN CONTRACTS
(Choice of Laws)
Under the traditional vested rights approach, the court will apply the law of the jurisdiction where the contract was formed. If the court is examining issues involving performance of the contract, the court will apply the law of the jurisdiction in which the performance was due.
lowest
MOST SIGNIFICANT RELATIONSHIP APPROACH IN CONTRACTS
Under the Second Restatement, the court will apply the law of the jurisdiction that has the most significant relationship to the contract under the circumstances.
In making this determination, the court will consider the following factors:
- The place where the contract was formed;
- The place where the contract was negotiated;
- The place of performance;
- The location of the subject matter of the contract; AND
- The connection of the parties to the forum (e.g., domicile, residence, place of incorporation, etc.).
lowest
VESTED RIGHTS APPROACH IN TORTS
Under the traditional vested rights approach, the court will apply the law of the jurisdiction where the injury occurred.
lowest
MOST SIGNIFICANT RELATIONSHIP APPROACH IN TORTS
Under the Second Restatement, the court will apply the law of the jurisdiction that has the most significant relationship to the tort claim under the circumstances. In making this determination, the court will consider the following factors:
- The place of the injury;
- The place where the conduct that caused the injury occurred;
- The connection of the parties to the forum (e.g., domicile, residence, place of incorporation, etc.); AND
- The place where the relationship between the parties is centered.
lowest
CHOICE OF LAW APPLICATION IN REAL PROPERTY
Generally, all issues affecting title to land (including land sale contracts) are governed by the law of the jurisdiction where the real property is located.
However, some courts may depart from this rule if another jurisdiction has a more significant relationship to the case than the jurisdiction where the real property is located.
lowest
CHOICE OF LAW APPLICATION IN DECEDENTS’ ESTATES
The disposition of the decedent’s personal property is governed by the law of the jurisdiction of the decedent’s place of domicile. The disposition of the decedent’s real property is governed by the law of the jurisdiction where the real property is located.
lowest
SUBSTANCE VS. PROCEDURE
Generally, courts use their own law for procedural issues and the law of other jurisdictions (if necessary) for substantive issues.
Most jurisdictions treat statute of limitations issues as procedural for choice of law purposes (i.e., they apply the law of the forum to statute of limitations issues).
MED
ERIE DOCTRINE
Under the Erie Doctrine, a federal court sitting in diversity jurisdiction must apply the law of the forum state in which it sits (NOT its own federal law) regarding substantive issues. However, federal courts are free to apply their own rules to procedural issues.
Choice of law issues are considered substantive; therefore, a federal court sitting in diversity MUST apply the forum state’s choice of law rules.
lowest
FULL FAITH AND CREDIT
Courts must give full faith and credit to the judicial proceedings of every U.S. state and territory, unless there is a valid defense to recognition or enforcement.
A court is not required to enforce the judgment of another court if:
- The other court lacked valid jurisdiction;
- The other court’s judgment was procured by fraud;
- The other court’s judgment was not entered on the merits; OR
- The other court’s judgment was not final ( judgments on appeal).
