Foreign Law Application and Escape Devices

Question 0

What is Substantive Law in Choice of Law

Answer 0

rights and obligations outside of court = substantive law

Question 1

Substantive/Procedural Dichotomies

Answer 1

forum displaces its law on matter of substantive law

law on matters of procedure will still apply

Question 2

Statutes of Limitation

Answer 2

NY will not hear case barred by SoL

even if permitted by foreign law

Question 3

Borrowing Statute

Answer 3

A claim barred by foreign law is barred in NY as well

Except for NY resident.
If Permitted by SoL in NY,
it is permitted for the NY resident

Question 4

Public Policy in general

Answer 4

whether rule is offensive to public policy

differs whether it is a claim or defense

Question 5

Public Policy Standard for Claims

Answer 5

claim violates public policy if enforcement violates
some fundamental principle of justice
prevalent perception of good morals
deep rooted tradition of the common weal

Question 6

Public Policy standard for defenses

Answer 6

foreign defenses are allowed

it is fundamentally unfair to deny a defense
legal under foreign law

Question 7

Public Policy Exception

Answer 7

NY will not recognize a limitation on recovery for wrongful death cases if a NY resident is killed

Question 8

Public Policy in Contracts cases

Answer 8

Choice of law clause will not apply if
NY law applies and
it violates a fundamental NY policy

Question 9

Foreign Penal Law

Answer 9

Criminal Law - NY never applies foreign criminal law

will not apply laws that provide for damages to be paid to the state

compensatory damages to individuals are not penal and will be applied

NY courts will generally provide full recovery to New York residents