Conflicts

Question 1

Vested Rights / First Restatement

Answer 1

Where the claim arose is the law that should be applied.

“Rule is selected according to the relevant substantive” area of law

Question 2

Interests analysis

Answer 2

Which states have a legitimate interest in the outcome of the litigation. Forum will apply its own law so long as there is a legitimate interests. If no interest, will apply law of another state.

False: only 1 state has legitimate interest
True: two or more tsates (if forum is one, choose forum)

Question 3

Second restatement/significant relationship

Answer 3

Court will apply thte law of the state which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.

Then, discuss connecting facts, policy principles, and choose

Question 4

Property under allthree

Answer 4

real propert - law of situs
movable property (PP) - if inter vivos transactino, law of the situs at time of transaction; if inherotence, decedent's domicile at time of death

Question 5

Torts

Answer 5

First restatement/vested rights: where injury occured
Most sig relationshio: Injury, conduct, domiciled parties, realationship (I can’t dance, really!)
most likley outcome: where injury occursed, unless loss distribution rule (e.g., vicarious liability, immunity, and both parties share a common domicile)
public policy: forum state and any other state with connections - what would they want?

Question 6

contracts

Answer 6

VR/FR: if about formation, where formed. if about performance, where meant to perform
SR/SR: consider place of (1) contracting, negotiation, performance, where at home
Policy: forum states, connected states, reasoanble expectations of parties (presume they meant to maek a contract!)

Most likley: if choice of law provision, apply that. If in doubt (assume so),