Conflict of Laws

Question 1

Vested Rights

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 where the harm took place).

Question 2

Governmental Interest

Answer 2

Under the modern governmental interest approach, the court applies the law of the jurisdictiom that has a greater interest in having its law applied. Court will examine:
(a) the policies behind the respective laws in the forum and the other jurisdiction; AND
(b) Whether it is reasonable for the respective jurisdictions to assert an interest in the application of those policies under the circumstances.

Question 3

Most Signficant Relationship

Answer 3

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

Question 4

Express Choice-of-Law in Contracts

Answer 4

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:
(1) The jurisdiction selected has some connection with the contract.
(2) The choice of law is NOT contrary to a substantial policy interest of another jurisdiction with a greater interest in the matter.

Question 5

Choice of Law Application in Contracts

Answer 5

If a contract does not contain a valid choice-of-law provision, courts will usually use the vested rights approach or the most significant relationship approach to determine which jurisdictions law applies.

Vested Rights: Court will apply law of jurisdiction where the contract was formed.

Most Significant Relationship:
* Where was K formed;
* Where was K negotiated;
* Where was the place of performance; etc.

Question 6

Choice of Law in Torts

Answer 6

Vested Rights: Apply law of jdx where injury occurred.

Governmental Interest: Applies law of jdx having a greater interest in having its law applied.
(a) Policies begind the respective laws in the forum and the other jurisdiction;
(b) Whether it is reasonable for the respective jurisdictions to assert an interest in the application of those policies under the circumstances.

Most Significant Relationship:
(a) Place of the injury;
(b) Place where conduct causing the injury occurred;
(c) Connection of the parties to the forum
(d) The place where the relationship between the parties is centered.

Question 7

Real Property

Answer 7

Law of the situs (where property is located) some minority jdx use most signficiant relationship.

Question 8

Choise of Law in Decedent’s Estates

Answer 8

Courts use their own law for procedural issues and the law of others jurisdictions (if necessary) for substantive issues

Statute of Limitations: for choice of law are procedural

Question 9

Erie

Answer 9

A federal court in diversity JDX MUST apply the law of the forum state in which it sits (not its own federal law) regarding substantive issues. Federal courts are free to apply their own rules to procedural issues.

NOTE:** Choice of laws are considered substantive**, so federal court in diversity must apply forum state’s choice of laws rules.

Question 10

Full Faith and Credit

Answer 10

Courts must give full faith and credit to judicial procedeedings of other states and territories unless their is a valid defense to recognition or enforcement.

Valid Defenses:
court lacked jurisdiction, fraud, not on merits, lacking finality