Conflict of Laws

Question 1

Full Faith and Credit

Answer 1

A state must recognize final judgments of other states so long as the judgment is on the merits and the other state had jurisdiction

Question 2

Diversity Jurisdiction Choice of Law

Answer 2

A federal district court sitting in diversity must apply the choice of law approach prevailing int he state in which it sits

Question 3

Vested Rights- Torts

Answer 3

The governing law will be selected by the forum court using the vested rights approach. Under this approach, the court will apply the law of the place of injury

Question 4

Interest Analysis- Torts

Answer 4

The governing law will be selected by the forum court using the interest analysis approach. Under this approach, the court will consider which states have a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest, otherwise it will apply the law of another state.

Question 5

Most Significant Relationship- Torts

Answer 5

The governing law will be selected by the forum court using the most significant relationship approach. Under this approach, the court will apply the law of the stat which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.

Question 6

Vested Rights- Contracts

Answer 6

Under this approach, the applicable vesting rule is that of the law of the place of execution of the contract.

Question 7

Real Property Choice of Law

Answer 7

In cases involving property, the court generally uses the law of the situs for land.

Question 8

Klaxon Case

Answer 8

Under Klaxon, choice of law provisions are considered substantive for Erie purposes