Conflict of Laws Flashcards
When will I know whether a conflict of laws question exists?
When there’s the question of “Which state’s law applies?”
What is the due process test for what state’s law apply?
Significant contact giving the state a **legitimate interest **
What is the general conflicts of law test in R.I.?
RI courts begin with Second Restatement’s most significant relationship test with an emphasis on competing interests of contending states.
If that result proves inconclusive then RI courts apply the interest weighing or “better rule” test.
Always apply both on an essay.
What are the factors to weigh when considering what state meets the “most significant relationship” test?
First: list all facts that create nexus between any state and the action to determine which states’ laws may apply.
Then weigh:
- **Expectation of parties as to what state’s law would apply: **unfair and improper to hold a person liable under the local law of one state when he had justifiably molded his conduct to conform to the requirements of another state
- **Interests of contending states (most important in RI): ** the state whose interests are most deeply affected should have its local law applied
- Basic policy underlying the particular field of law: apply the local law of that state which will best achieve the basic policy, or policies, underlying the particular field of law involved
- Needs of the interstate or international system: further harmonious relations between states and to facilitate commercial intercourse between them
- **Court’s determination of and application of the relevant law: **tends to favor local law as court has experience with it.
How do you perform the interest weighing or “better rule” analysis?
First: list all facts that create nexus between any state and the action to determine which states laws may apply.
Then ask:
- What would be the fair result?
- What would be the most predictable result?
- Would RI’s application of its own law offend the other state?
- Prefer RI law because it’s known and therefore easier to apply.
- What is the better rule of law?
What’s the general difference between the 1st and 2nd Restatement approach and the “better law” or interest-weighing approach?
Unlike the first and second restatement approaches, the approach doesn’t vary based upon the substantive area of law.
Under the Second Restatement, what are the four specific factors to determine what state’s law applies in a tort case where the application of the general 2R factors doesn’t clearly indicate that another state bears a more significant relationship to the case?
i. Place of injury
ii. Place of conduct causing injury
iii. Domicile of parties
iv. Center of relationship between the parties—how parties related
Under the interest-weighing approach, when will a RI court prefer RI law?
- foreign law doesn’t treat action as tort
- foreign law has inadequate remedies
- all parties are RI domiciliaries
How do you apply the vested rights approach of the first restatement?
Apply the law of the State in which the parties rights vested.
Rights vest where the (i) particular act occurred or **(ii) **where the relationship was created using a three step approach:
1) characterize the area of substantive law
2) determine the particular choice of law rule for that substantive area of the law
3) apply (“localize”) that choice of law rule to be applied
CCP
When will a court refuse to apply a contract’s choice of law provision?
- No reasonable basis for parties’ choice because don’t have the minimum contacts relationship to the state sufficient to meet due process requirements.
- No true consent to the choice of law provision because of a fraud, mistake, or duress (e.g, adhesion contracts).
- Contrary to public policy (e.g., contract to purchase fireworks with choice of law in state that outlaws sale of fireworks)
If there is no choice of law provision in a contract, what state’s law governs under both the first and second Restatements.
First:
- validity problem: place of making
- performance problem: place of performance
Second: Weigh
- where was contract executed (RI sole factor), negotiated, and performed
- domicile of parties
- location of subject matter.
In property matters, what state’s law governs under both the first and second Restatements.
Same for both.
- Real property—where property located
-
Personal property—
- Inter vivos: property situs at time of the relevant transaction
- Testamentary or intestate transfers: decedent’s domicile at time of death
3Ps
What are the three principal defenses that can be raised against a choice of law?
- The law is procedural and the forum’s own local law must apply.
- The foreign law is against public policy
- The foreign law is a penal or tax law
Which laws are procedural?
Civil procedure rules
Which laws are not clearly substantive or procedural and what does the court do?
- Evidence rules
- Presumptions
- SoF
- Damages
- Contributory v. comparative negligence (RI)
Outcome determinative test (substantive if affects outcome and Erie mandates state law).
Balance of interests test
Forum shopping deterrrence (if state law were applied, litigants would flock to federal court, then issue is substantive and Erie mandates state law applied).
