Conflict of Laws

Question 1

Conflict of Law Approaches

Answer 1

Vested Rights
Governmental Interest
Most Significant Relationship

Question 2

Vested Rights

Answer 2

Under the traditional vested rights approach, the court applies the law of the jurisdiction where the event that gave rise to the lawsuit occurred.

Question 3

Governmental Interest

Answer 3

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 4

Most Signifcant Relationship

Answer 4

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 5

Erie Doctrine!

Answer 5

ERIE DOCTRINE: 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 6

Full Faith & Credit

Answer 6

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.

Question 7

Defences to Full Faith & Credit

Answer 7

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).