Conflicts of Law

Question 1

What three approaches to law conflicts?

Answer 1

1. Vested Rights
2. Governmental Interests
3. Most Significant Relationship

Question 2

What governs a federal-state conflict?

Answer 2

The Erie Doctrine

Question 3

Is a choice-of-law issue procedural or substantive?

Answer 3

Substantive

Question 4

What is the vested rights approach to determine what forum’s law applies?

Answer 4

Under the traditional vested rights approach, the court will apply the law of the jurisdiction where the event that gave rise to the lawsuit occurred (usually the place where the harm took place).

Question 5

What is the governmental interest approach to determine what forum’s law applies?

Answer 5

Under the modern governmental interest approach, the court applies the law of the jurisdiction that has a greater interest in having its law applied.

Question 6

What are the two considerations courts make in determining the governmental interest approach?

Answer 6

1. The policies behind the respective laws in the forum and the other jurisdiction; AND
2. Whether it is reasonable for the respective jurisdictions to assert an interest in the application for those policies under the circumstances

Question 7

What is the most significant relationship approach for choices of law?

Answer 7

Under the Second Restatement, the court will apply the law of the jurisdiction that has the most significant relationship to the problem at issue.

Question 8

What are the four factors courts consider for the most significant relationship approach?

Answer 8

1. The place of the injury;
2. The place where the conduct that caused the injury occurred;
3. The connection of the parties to the forum (e.g. domicile, residence, place of incorporation);
4. The place where the relationship between the parties centered.

Question 9

When will a federal court apply the law of the forum state in which it sits?

Answer 9

When it is sitting in diversity (when it regards substantive issues)

Question 10

What areas are commonly considered procedural?

Answer 10

• Burdens of proof;
• Rebuttable presumptions;
• Privileges
• Direct actions
• Statute of Limitations
• Ability to bring counterclaims

Question 11

In contract law, what is the vested rights approach?

Answer 11

Under the traditional vested rights approach, the court will apply the law of the jurisdiction where the contract was formed.

Note: if the court is examining the issues involving the performance of the contract, the court will apply the jurisdiction in which the performance was due.

Question 12

In tort law, what is the governmental interest approach?

Answer 12

Under the modern governmental interest approach, the court applies the law of the jurisdiction that has a greater interest in having its law applied.

Question 13

What are the two considerations courts make in determining the governmental interest approach?

Answer 13

1. The policies behind the respective laws in the forum and the other jurisdiction; AND
2. Whether it is reasonable for the respective jurisdictions to assert an interest in the application for those policies under the circumstances

Question 14

In tort law, what is the most significant relationship approach?

Answer 14

Under the Second Restatement, the court will apply the law of the jurisdiction that has the most significant relationship to the tort claim under the circumstances.

Question 15

What are the four factors courts consider in tort law for the most significant relationship approach?

Answer 15

1. Relevant policies for the forum and other interest jurisdictions;
2. Relevant policies underlying the field of law at issue
3. Uniformity of results; AND
4. Ease of application of the law to be applied

Question 16

What is the Klaxon Rule?

Answer 16

A federal court sitting in diversity must apply the substantive law of the state in which it sits, including that state’s choice-of-law rules.

Question 17

Parties can apply their own choice-of-law jurisdictions to be applied to contract validity only if:

Answer 17

1. The jurisdiction selected has some connection with the contract; AND
2. The choice of law is NOT contrary to a substantial policy interest of another jurisdiction with a greater interest in the matter.

Question 18

If a contract does not contain a valid choice-of-law provision, courts will usually use the ________ or __________ approach.

Answer 18

Vested rights or most significant relationship approach

Question 19

In contract law, what is the vested rights approach?

Answer 19

Under the traditional vested rights approach, the court will apply the law of the jurisdiction where the contract was formed.

Note: if the court is examining issues involving the performance of the contract, the court will apply the law of the jurisdiction in which the performance was due.

Question 20

In contract law, what is the most significant relationship approach?

Answer 20

Under the Second Restatement, the court will apply the law of the jurisdiction that has the most significant relationship to the contract under the circumstances.

Question 21

What are the five factors courts consider in contract law for the most significant relationship approach?

Answer 21

1. The place where the contract was formed;
2. The place where the contract was negotiated;
3. The place of performance;
4. The location of the subject matter of the contract; AND
5. The connection of the parties to the forum (e.g., domicile, residence, place of incorporation).

Question 22

What dictates the choice of law for Decedents’ estates?

Answer 22

1. Personal property is governed by the law of the jurisdiction of the decedent’s place of domicile.
2. Real Property is governed by the law of the jurisdiction where the real property is located.

Question 23

What choice-of-law provision applies if a case transfers venues?

Answer 23

The law of the original venue

Question 24

Is a valid common-law marriage in one state recognized in states that do not adopt common-law marriage?

Answer 24

Yes

Under generally accepted conflict-of-laws principles, a marriage valid under the law of the state where it was contracted is valid elsewhere unless it violates the strong public policy of another state which has the most significant relationship to the spouses and the marriage.

Question 25

If an issue involves speed limits, what forum applies?

Answer 25

The speed limited from the place of the conduct regardless of which analytical approach is used

Question 26

What is a Converse Erie Problem?

Answer 26

A state court is asked to enforce federal substantive rights but the application of a state rule is charactered as procedural and would result in a denial of a federal right.

Question 27

How do you resolve a Converse Erie issue?

Answer 27

The state might be required to use the federal rule applicable to the situation in order to give effect to federal policy