Conflicts of law Flashcards
Most significant relationship test: torts
Seeks to identify the state with the most significant relationship to the issue at hand and then apply that state’s law. The court will look at the specific contacts with each jurisdiction and evaluate their relative importance. The court will consider policy principles, like needs of the court system, relevant policies of each forum, and overall impact of application of law.
For tort cases, court will consider place of injury, place where the conduct causing injury occurred, the domicile/residence/nationality/place of incorporation/place of business of each parties, and the place where the parties’ relationship is centered.
Paragraph 1 in a choice of law essay
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 (fill in applicable choice of law approach.”
Vested rights test
Under this approach, the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant area of substantive law.
Interest analysis
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. (Conflicts analysis).
