Conflict of Laws

Question 1

Determining which state has the most significant relationship: tort cases

Answer 1

In torts cases, the court will look at (1) the place of injury, (2) the place where the conduct causing the injury occurred, (3) the domicile, residence, nationality, place of incorporation, and (4) the place where the relationship between the parties (if any) is centered.

Question 2

What conflict of laws rules must federal courts apply in diversity cases?

Answer 2

The federal court in a diversity case must apply the conflict of law rules of the state in which it sits.

Question 3

Can the court authorize alternative methods of service in appropriate cases?

Answer 3

Yes, Federal Rule 4 permits the court to authorize alternative methods of service in appropriate cases.

Question 4

How is service on a foreign corporation made?

Answer 4

Under Rule 4, service on a foreign corporation may be made (1) in accordance with an international treaty, if there is no treaty, service on a corporation may be made (2) in accordance with the foreign country’s laws, as the foreign authority directs in response to a letter request for guidance, by having the clerk mail process to D, with a signed receipt requested, or most importantly by any other means not prohibited by international agreement as the court may order.

Federal Rule 4 specifically requires that the method of service ordered by the court be reasonably calculated to provide the D with notice of the action.

Question 5

Most significant relationship approach of the second restatemt

Answer 5

The most significant relationship approach of the second restat seeks to identify the state with the most significant relationship to the issue at hand and then apply that state‘s law