Governmental Interest Approach

Question 1

General Rule re: Governmental Interest Approach (GIA)

Answer 1

the court analyzes policies behind the conflicting laws in each forum and how those policies would be furthered by application to the case at hand

Question 2

What is the initial presumption in a GIA analysis?

Answer 2

That the law of the forum where it sits should apply

Question 3

Is this approach affected by substantive areas of law?

Answer 3

No

Question 4

What law does the court apply after weighing the interests of each forum in having its law applied?

Answer 4

The court has the discretion to apply it’s law, the other forum’s laws, or a modified version of either