Defenses to Choices of Law

Question 1

Public Policy

Answer 1

• forum court will NOT apply a law that is against its own fundamental public policy
  -> reminder that this does NOT apply to recognition of judgments though

Question 2

Procedural Rules

Answer 2

• regardless of outcome of choice of law analysis, the forum court will always apply own procedural rules

Question 3

Statutes of Limitations

Answer 3

• general rule = stat of lim viewed as procedural
  -> reminder though that they’re substantive for fed cts sitting in diversity -> means the fed ct needs to use law of state it’s sitting in to figure out whether that state considers it procedural or substantive (i.e. whether that state would automatically apply its own statute of limitations)

Question 4

Exceptions to General Rule Re Statute of Limitations

Answer 4

• borrowing statutes
• limitations that condition a substantive right

Question 5

Borrowing Statutes

Answer 5

• direct a court to look at both the forum limitations period and the foreign limitations period (in cases where foreign law governs under a normal choice of law analysis) + then to typically apply the shorter period

Question 6

Limitations That Condition a Substantive Right

Answer 6

• if normal choice of law analysis leads to application of a foreign statute that creates a substantive right, then you apply the entire statute