Conflict of Laws

Question 1

What choice of law rules will a federal trial court apply?

Answer 1

A federal trial court will apply the choice of law rules of the state in which it sits

Question 2

What is the “most significant relationship” approach?

Answer 2

The most significant relationship approach to conflict of laws applies the law of the state that has the most significant relationship to the controversy in the case.

The court looks to the specific contacts with each jurisdiction and evaluates their relative importance. The court will also look to policy principles, such as the needs of the interstate or international system, the relevant policies of the forum and other interested jurisdictions, and whether the application of a specific law will aid certainty, predictability, and uniformity of results.

Question 3

What contacts will the court consider in a tort case?

Answer 3

In tort cases, the court will take these specific contacts into account:

1. The place of the injury;
2. The place where the conduct causing the injury occurred;
3. The domicle, residence, nationality, place of incorporation, and place of business of the parties; and
4. The place where the relationship, if any, between the parties is centered.