Constitutional Limitations on Choice of Law

Question 1

Key rule about substantive law under Constitution

Answer 1

A state may apply its own SUBSTANTIVE LAW ONLY IF

the state has a significant CONTACT or AGGREGATION of contacts with the issue

Such that the application of its own law is NEITHER ARBITRARY nor FUNDAMENTALLY UNFAIR

Question 2

Choice of law vs. PJ analysis?

Answer 2

DIFFERENT!!

Question 3

Constitutional view on forum state procedural law

Answer 3

Forum state can apply its own procedural law to any topic TRADITIONALLY viewed as procedural

Question 4

Constitutional analysis on substantive law governed by which clauses?

Answer 4

Due process clause

AND

Full Faith and Credit Clause

Question 5

Are a few members in a forum state within a large national class action sufficient to establish substantive choice of law for that state?

Answer 5

NO, unless aggregate of significant contacts exists

Question 6

Full Faith and Credit Clause guideline

Answer 6

Under this clause, a state may not refuse to ENTERTAIN claims under another state’s law solely because the laws come from other state

Must at least consider and engage in further choice of law analysis