Conflict of Laws Flashcards
Conflict of Laws - Three Approaches
“Tell My Grandpa”
Traditional Vested Rights
Most Significant Relationship
Governmental Interest
Traditional Vested Rights (1st RS)
Where the last event that gave rise to the cause of action occurred.
Governmental Interest
A law applies to a set of facts if its application to those facts would promote the underlying purposes of the law.
If law of the state applies, state is said to be interested.
Most Significant Relationship (2nd RS)
Law of the state with the most significant relationship to the particular issue in question.
MSR Factors “PCP”
-Promoting relevant policies of two states
-Certainty, uniformity, predictability, simplicity “CUPS”
-Protecting justified expectations
Depeçage
Application of different states’ laws to different issues in the same case.
Renvoi
When a court applies the law of another state, it applies the whole law of that state, including the state’s choice of law rules.
Applying other state’s choice of law –> Accepting the Renvoi
Ignoring other state’s choice of law –> Rejecting the Renvoi
*All three generally reject, aside from property rights issues, then they accept.
Express Choice of Law
Generally governs unless no reasonable basis for parties’ choice, contrary to public policy, or fraud/mistake and true consent not given.
Choice of Law - Contracts
If no choice of law, usually vested rights approach or most significant relationship.
VR: Law of state where contract was formed unless it deals with performance, then state where performance occurred.
MSR: Consider place of formation, negotiation, performance, location of subject matter, connection of parties to forum state.
Choice of Law - Torts
VR: Law where injury occurred.
GI: Courts look at policies behind law in both states and whether it is reasonable to assert an interest under these circumstances.
MSR: Consider place of injury, place where conduct that caused injury, connection of parties to forum, and place where relationship b/w parties is centered.
Torts “I Can’t Dance, Really”
Injury occurred
Conduct causing injury occured
Domicile of parties
Relationship centered
Choice of Law - Real Property
Generally the law of the situs. Some may depart and apply MSR.
Choice of Law - Decedent Estates
Disposition of personal property is decedent’s place of domicile. Real property is law of the situs.
Choice of Law - Family Law
MSR - almost always where domiciled.
Corporations
State of Incorporation.
