2. Choice of Law - Answer Structure Flashcards Preview

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Flashcards in 2. Choice of Law - Answer Structure Deck (15):
1

Basics

What two things trigger a choice of law analysis?

1. Lawsuit with factual connections to multiple states

2. Each state will have different laws leading to a different result

2

Basics

What law generally applies?

The law selected by the foreign court, according to its choice of law approach

3

Basics

What does the Klaxon rule provide?

Federal court sitting in diversity applies to choice of law approach of the state in which it sits

4

Basics

What law applies when a case is transfered from State A federal court to State B federal court?

The choice of law approach of State A

5

Basics

When will Due Process kick in?

When the chosen law has no significant contact with or legitimate interest in the litigation

6

Basics

What is the effect of a state statute dictating choice of law?

The state court should apply that law

7

Structure

What are the the headings of the three paragraphs in a choice of law answer?

1. Describe what choice of law is generally

2. Describe the specific choice of law approach given to you in the question

3. Apply the choice of law approach to the facts

8

Structure

What is the stock first paragraph?

 

"The issue presented concerns which state's law will govern the outcome of this litigation. The governing law will be selected by the forum using the X/Y/Z approach"

9

Structure

What are the three possible choice of law approaches?

1. Vested rights (First Restatement)

2. Interest analysis

3. Most significant relationship (Second Restatement)

10

Structure

What do we include in paragraph two in a vested rights Q?

 

- court will apply law of the state mandated by the applicable vesting rule

- rule depends on which substantive area of law

11

Structure

What do we include in paragraph two in a interest analysis Q?

 

- which states have a legitimate interest in the litigation

- forum court applies own law if it has a legitimate interest

- if forum court has no legitimate interest, it applies law of another interested state

12

Structure

What do we include in paragraph two in a most significant relationship Q?

 

- court applies law of state most significantly related to litigation

- court considers connecting facts (where) and policy principles (why)

13

Structure

What do we include in paragraph three in a vested rights Q?

 

- Categorise substantive area

- State vesting rule of that area

- Apply vesting rule to determine governing law

- Apply governing law to determine result

14

Structure

What do we include in paragraph three in an interest analysis Q?

 

- Which states have legitimate interest

- True/false conflict?

                                                                      (False = only one state has a legit interst)

- If false, apply law of interested state / if true and forum is interested, apply forum law

- Apply governing law to determine result

15

Structure

What do we include in paragraph three in an most significant relationship Q?

 

- Discuss where facts happened?

- Discuss why X or Y is better

- Choose governing law based on most significant relationship