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Question 1

COL Essay Approach

Most Significant Relationship

Answer 1

The issue is which state’s law will govern the outcome of this litigation.
* It will be the law selected by the forum court using MOST SIGNIFICANT RELATIONSHIP approach.

Under this approach the court will apply the law of the state which is MOST SIGNIFICANT RELATED to the outcome of the litigation.

• To determine the court will look at:
  1) Connecting Facts, and
  2) Certain Policy and principals

Connecting Facts:
* Where did they occur and what are they?

• Tort:
  = Place of injury, conduct of injury, home state, and where P/D relationship is centered.
• Contract:
  = Place of contract, Negotiation, performance, of subject matter, domicile of residence, and income of burden of party.

Policy Principal:
1) What are the NEEDS of the interstate or international system?

2) What are the relevant POLICIES of the FORUM?
3) What are the POLICIES and INTEREST of the other interested JURISDICTIONS
4) Are there justified EXPECTATIONS of the PARTIES to be PROTECTED?
5) What are the basic POLICIES underlying the particular SUBSTANTIVE field of law?
6) will application of given law aid certainty, predictability, and uniformity of result?
7) may the determination and application of a specific law be made with ease?

Question 2

Most Significant Relationship

Policy Principal

Answer 2

1) What are the NEEDS of the interstate or international system?
2) What are the relevant POLICIES of the FORUM?
3) What are the POLICIES and INTEREST of the other interested JURISDICTIONS
4) Are there justified EXPECTATIONS of the PARTIES to be PROTECTED?
5) What are the basic POLICIES underlying the particular SUBSTANTIVE field of law?
6) will application of given law aid certainty, predictability, and uniformity of result?
7) may the determination and application of a specific law be made with ease?

Question 3

COL

Vested Right Approach

Answer 3

The issue is which state’s law will govern the outcome of this litigation.
* Under this approach the court will apply the law that state mandated b the applicable VESTED RULE.

• That rule is selected according to the Relevant Substantive area of law.

2) Characterize the Substantive Area of Law:
* Tort, Contract, ect…

3) Appropriate Vesting Rule:
* Tort: Place of Injury

• Contract: Validity problem (Place of making), Performance problem (Place of Performance)
  4) which state law Applies and why?
  5) who wins?

Question 4

COL

Interest Analysis Approach

Answer 4

The issue is which state’s law will govern the outcome of this litigation.

• Under this approach the court will apply its own law as long as it is a legitimate interest in the outcome of the litigation.
• if it has no legitimate interest, this is a FALSE CONFLICT cases and it will apple the law of the other state.
  2) Does forum have a legitimate interest in the outcome of the case?
• False Conflict: Only one state has interest in its law being applied
• True Conflict: Both states have an interest in having their law applied.
  = if the form has a legitimate interest in the outcome of the litigation apply it’s own law.

3) What state law applies
4) What’s the result?

Question 5

Conflict of Law Approaches

Answer 5

1) Vested Right Approach
2) Most Significant Relationship Approach
3) Interest Analysis Approach