Conflict of Laws

Question 1

MED-LOW

*VESTED RIGHTS APPROACH

(Choice of Laws)

Answer 1

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).

Question 2

MED-LOW

*GOVERNMENTAL INTEREST APPROACH
(Choice of Laws)

Answer 2

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:

1. The policies behind the respective laws in the forum and the other jurisdiction; AND
2. Whether it is reasonable for the respective jurisdictions to assert an interest in the application of those policies under the circumstances.

Question 3

MED-LOW

*MOST SIGNIFICANT RELATIONSHIP APPROACH

(Choice of Laws)

Answer 3

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:

1. Relevant policies of the forum and other interested jurisdictions;
2. Relevant policies underlying the field of law at issue;
3. Uniformity of result; AND
4. Ease of application of the law to be applied.

Question 4

lowest

MOST SIGNIFICANT RELATIONSHIP APPROACH IN CONTRACTS (5)

Answer 4

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:

1. The place where the contract was formed;
2. The place where the contract was negotiated;
3. The place of performance;
4. The location of the subject matter of the contract; AND
5. The connection of the parties to the forum (e.g., domicile, residence, place of incorporation, etc.).

Question 5

lowest

MOST SIGNIFICANT RELATIONSHIP APPROACH IN TORTS (5)

Answer 5

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:

1. The place of the injury;
2. The place where the conduct that caused the injury occurred;
3. The connection of the parties to the forum (e.g., domicile, residence, place of incorporation, etc.); AND
4. The place where the relationship between the parties is centered.

Question 6

MED

*ERIE DOCTRINE

Answer 6

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.

Question 7

lowest

FULL FAITH AND CREDIT (4 Es)

Answer 7

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:

1. The other court lacked valid jurisdiction;
2. The other court’s judgment was procured by fraud;
3. The other court’s judgment was not entered on the merits; OR
4. The other court’s judgment was not final (judgments on appeal).