Introduction

Question 1

Traditional “Vested Rights” Approach

Answer 1

Under the “vested rights” approach, the forum applies The law of the place in which the rights of the parties “vest.” This is usually the place where cause of action “arose.”

First, the court must characterize the case (e.g., “torts,” “contracts,” “property”) then they must apply the relevant choice of law rules that govern that problem.

Question 2

Modern “Local Law” Approach

Answer 2

Under the “local law” approach, the forum applies its own rules of law but may make reference to “appropriate” foreign rules in certain types of cases.

Start by identifying the precise issues involved, not the general type of case. Then, the court generally will adopt the rule of law—forum or foreign— that bears most significantly on that particular issue. To determine which rule of law that is, they look to:

“Most Significant Relationship” Approach
“Governmental Interest Analysis” Approach
“Better Law” Approach

Question 3

“Most Significant Relationship” Approach

Answer 3

Isolate the nature and number of contacts in each of the states involved, and make reference to the law of the state having the most significant relationship to the particular issue(s) involved.

Question 4

“Governmental Interest Analysis” Approach

Answer 4

Determine the policies and interests behind the conflicting rules of each state involved, and apply the law of the place that has an interest in resolving that particular issue (remember though that the forum will apply its own law unless it has no legitimate interest in doing so).

Question 5

“Better Law” Approach

Answer 5

Choose between laws, rather than jurisdictions, using various considerations to focus on the rule of law that is most appropriate to the issue at hand.

Question 6

How much foreign law should be applied?

Answer 6

“Substance” vs. “Procedure”: You also need to determine whether the foreign law should be applied to all issues and aspects of the case, or only to those that are “outcome determinative.” Generally, the law of the forum will apply to all procedural matters.

Renvoi: Decide if the forum should look to the law that the foreign state would apply to purely internal litigation there, or to the law that it would apply to a problem involving multistate contacts (i.e., the foreign state’s “whole law”).

Question 7

Requirements for Judgement Recognition

Answer 7

Sister-State Judgments: Full faith and credit must be given if the judgment is final and “on the merits,” and if the court rendering judgment had sufficient jurisdiction.

Foreign Judgments: For foreign judgments, recognition would be based on doctrines of comity and res judicata, but the requirements are basically the same as for sister-state judgments.