conflict of laws

Question 1

traditional vested rights approach

Answer 1

the forum applies the law of the place in which the rights of the parties vest. usually means where the cause of action arose

Question 2

most significant relationship approach

Answer 2

the nature and number on contacts in each of the states involved

Question 3

governmental interest analysis approach

Answer 3

determine the policies and interests behind the conflicting rules of each state involved and apply the law of the place that has an interest in resolving that particular issue
-forum will apply its own law unless it has no legitimate interest in doing so

Question 4

better law approach

Answer 4

choose between las, rather than jurisdictions, using various consideration to focus on the rule of law that is most appropriate to the issue at hand

Question 5

substance v. procedure

Answer 5

determine whether the foreign law should be applied to all issues and aspects of the case or only to those that are outcome determinative. generally the law of the forum will apply to all procedural matters

Question 6

renvoi

Answer 6

decide if the forum should look to the law that the foreign state would apply to purely internal litigation there, or to the law that would apply to a problem involving multistate contacts

Question 7

limitations

Answer 7

any defenses or constitutional limits on the choice of law to be applied

Question 8

sister-state judgments

Answer 8

full faith and credit must be given if the judgment is final and on the merits and if the court rendering judgment had sufficient jurisdiction

Question 9

foreign judgments

Answer 9

recognition would be based on doctrines of comity and res judicata