Conflicts of Law

Question 1

Traditional Vested Approach

Answer 1

• Under this approach, apply the law of the state where transaction or event occurred.
• Examples→place of wrong/injury, where contract was formed/performed, location of real property.

Question 2

Most Significant Relationship Approach

Answer 2

Under this approach, apply the law of the state having the most significant relationship to the transaction and the parties.

Question 3

Interest Analysis Approach

Answer 3

• Under this approach, the court weighs the interests of the states involved.
  
  • The state with the greater interest will have its law applied.
• 3-Step Process to Determine the Greater Interest:
  
  1. If one state has an interest to apply its policy, and the other state doesn’t, the court should apply the law of the interested state.
  2. If there is an apparent conflict between the interests of two states, the court should look for a more moderate/restrained interpretation to avoid the conflict.
  3. If there is still a conflict, the law of the forum state applies.

*This approach DOES NOT change depending on the type of action involved.