Constitutional Limits on Choice of Law Decisions Flashcards
1
Q
Due Process
A
No state shall deprive any person of life, liberty, or property without due process of the law
2
Q
Full Faith and Credit
A
Full faith and credit shall be given in each state to public acts, records, and judicial proceedings of every other state
3
Q
Single Modern Test- Constitutionality
A
State whose law is chosen must have a significant contact or aggregation of contacts, creating state interests, such that choice of its law is neither arbitrary nor fundamentally unfair.
Under this test, application of a given state’s law is constitutional if:
(i) That state has significant contacts with the parties and the occurrence/transaction at issue; and
(ii) That state has an interest in the events and the outcome of the action.
