Conflicts of Law

Question 1

Vested Rights First Paragraph

Answer 1

“The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using the vested rights approach.”

Question 2

Vested Rights Second Paragraph

Answer 2

“Under the vested rights approach, the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive area of law.”

Question 3

Interest Analysis First Paragraph

Answer 3

“The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using the interest analysis approach.”

Question 4

Interest Analysis Second Paragraph

Answer 4

“Under this approach the court will consider which states have a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum state has no legitimate interest, it will apply the law of another interested state.”

Question 5

Most Significant Relationship First Paragraph

Answer 5

“The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using the most significant interest approach.”

Question 6

Most Significant Interest Second Paragraph

Answer 6

“Under this approach, the court will apply the 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.”

Question 7

Vested Rights Approach: Torts

Answer 7

Governing law is where the injury occurred.

Question 8

Most Significant Relationship Approach: Torts

Answer 8

Factual connections: 1) place of injury, 2) place of conduct causing injury, 3) place where the parties are at home, and 4) place where the relationship, if any, is centered

Policy principles: 1) relevant policies of the forum state & 2) relevant policies of other connected states

Question 9

Vested Rights Approach: Contracts

Answer 9

If the case is about formation, apply the law of the place contracting.

If the case is about performance, apply the law of the place of performance.

Question 10

Most Significant Relationship Approach: Contracts

Answer 10

Factual connections: 1) place of contracting, 2) place of negotiations, 3) place of performance, and 4) Place where the parties are at home.

Policy principles: 1) relevant policies of the forum state, 2) relevant policies of other connected states, and 3) reasonable expectations of the parties