Conflicts of Law

Question 1

In determining whether to apply the law of the forum state or another jurisdiction’s law, what 3 approaches does a court make?

Answer 1

(1) vested rights: applies the law of the jurisdiction where the event that gave rise to the lawsuit occurred

(2) governmental interest: presumption that the forum state’s law will apply unless parties show that another state’s law should be applied b/c that state has a greater interest in the outcome

(3) most significant relationship: applies the law of the state with the most significant relationship to the issue in question

Question 2

What are 3 instances that invalidate an express choice of law provision in a contract?

Answer 2

(1) contrary to public policy

(2) no reasonable basis for the parties’ choice

(3) fraud or mistake and true consent was not given

Question 3

What are 4 defenses to the full faith and credit recongnition?

Answer 3

(1) lack of jurisdiction in the other court

(2) court’s judgment procured by fraud

(3) other court’s judgment was not entered on the merits

(4) other court’s judgment was not final