Model Answer Sections

Question 1

Describe Choice of Law (Paragraph 1)

Answer 1

The issue presented is which state’s law will govern the outcome of this litigation. The governing law will be selected by the forum court using the ________ (fill in applicable choice of law approach).

Question 2

Vested Rights Approach (Potential Paragraph 2)

Answer 2

Under this approach, the court will apply the law of that state mandated by the applicable vesting rule. That rule is selected according to the relevant substantive areas of law.

This is a _____ (area of law) case. Therefore, the applicable vesting rule is _________. Under that rule….

Question 3

Interest Analysis Approach (Potential Paragraph 2)

Answer 3

Under this approach, the court will consider which states have a legitimate interest in the outcome of the litigation. The forum court will apply its own law as long as it has a legitimate interest. If the forum has no legitimate interest, it will apply the law of another interesting state.

In this case, ______ has a legitimate interest because……… ________ does/doesn’t have a legitimate interest because …. Thus, this is a false/true conflict and _____ law should apply. Under _____’s law, ______ would happen.