NY BAR REVIEW CONFLICT OF LAWS 2

Question 1

law that regulates ____ or law that allocates ________?

Answer 1

conduct.

losses.

Question 2

loss allocation rules deal with the ________?

Answer 2

consequence

Question 3

conduct regulating rules deal with the _______?

Answer 3

behavior

Question 4

loss allocating rule examples

Answer 4

rules of immunity
rules where cannot be sued
contribution
charitable immunities

Question 5

conduct regulating rules - ny applies which law to determine if event was tortious?

Answer 5

state where event occured.

all states have an interest in regulating conduct between their borders.

Question 6

guest statute

Answer 6

you are a guest in automobile driven by someone else, and its involved in an accident, caused by negligence of my host - driver, guest cant sue the host - chivalry - some states have this statute, some dont.
ny did not have such a statute at the time, and most states repealed them.

Question 7

loss allocation rules - neumeier rules - 3 categories:

Answer 7

1. if parties have same domicile - law of common domicile will be applied. babcock v. jackson.
2. if driver’s conduct occurred in his state of domicile and that law protects the driver- that law applies. protects guest - that law applies.
3. everything else - parties are from different states, and event didnt occur in their domicile or domicile law dont protect them.
   NY- presumption - ny courts will apply law of the state in which accident occurred, UNLESS displacing that rule will advance the relevant substantive law purposes without impairing smooth working of multistate system.