Distinguishing Procedural Rules from Substantive Rules

Question 1

Procedural v. Substantive rules

Answer 1

In general, rules governing rights inside the court are procedural, and rules governing rights and obligations outside the court are substantive.

Question 2

Is a statute of limitations procedural or substantive?

Answer 2

PROCEDURAL

Exception:
A wrongful-death statute that conditions recovery on a time fixed in the statute = a substantive.

Question 3

Are rules of evidence procedural or substantive?

Answer 3

PROCEDURAL

Exception:
When an evidentiary ruling would be “outcome determinative” = substantive

Question 4

Are burdens of proof procedural or substantive??

Answer 4

PROCEDURAL

Question 5

Are presumptions procedural or substantive?

Answer 5

Rebuttable presumptions = procedural

Conclusive presumptions = substantive

Question 6

is the parol evidence rule procedural or substantive?

Answer 6

SUBSTANTIVE

Question 7

Is the Statute of Frauds procedural or substantive?

Answer 7

SUBSTANTIVE

Question 8

First Restatement’s “Vested Rights” Approach

Answer 8

The forum must apply the law of the state where the parties’ rights “vested”

Generally, court applies one of the following:
+ Lex loci delicti – law of place of wrong or injury
+ Lex loci contractus – law of place of contracting
+ Lex loci situs – law of the place where property is located.

Characterize cause of action, then apply appropriate choice-of-law rule.

Question 9

Second Restatement’s “Most Significant Relationship” Approach

Answer 9

Forum must apply the law of the state with the “most significant relationship” to the issue being decided.

Court generally considers multiple factors, including:
+ Needs of interstate and international systems
+ Relevant policies and relative interests of the forum state and of other interested states
+ Justified expectations of the parties
+ Judicial economy

Question 10

“Interest Analysis” Approach

Answer 10

Forum should apply the law of the state most legitimately interested in its outcome (focus on the government’s interest).

Default rule = the forum state applies its substantive law, unless the forum state has NO LEGITIMATE INTEREST in how a particular issue is resolved.

Question 11

What limitations and exceptions apply to choice-of-law approaches?

Answer 11

DUE PROCESS - Choice-of-law determination must be consistent with norms of fairness embodied in 14th A. DP clause. Law can’t be from state whose connections with the case are so tenuous that the application is unpredictable or arbitrary.

PUBLIC POLICY - Courts will refrain from applying the law of another state when such law offends the strong public policy of the forum state.

PENAL AND REVENUE LAWS - A state court will also refuse to enforce the penal laws or revenue laws of another state.