Conflict Of Laws

Question 1

Choice of Law Approaches

Answer 1

Vested Rights: TRADITIONAL
-court applies law of jurisdiction where the event that gave rise to the lawsuit occurred

Governmental Interest: MODERN
-court applies law of the jurisdiction that has a greater interest in having the law applied

Most Significant Relationship: RESTATEMENT
-court applies the law of the jurisdiction that has the most significant relationship to the problemC

Question 2

Choice of Law Clauses

Answer 2

Generally a-ok for contract interpretation

BUT–for contract validity issues parties can only choose what law to apply if:
1. the jurisdiction has some connection with the K AND
2. choice of law is not contrary to a substantial policy interest of another jurisdiction with greater interest in issue

Question 3

Full Faith + Credit

Answer 3

Courts MUST give full faith and credit to judicial proceedings of every US State + Territory unless there is some sort of valid defense to enforcement

Defenses
-fraud
-not on the merits
-lacking finality
-lack of jurisdiction