Choice of Law Approach

Question 1

vested rights (first restatement)

Answer 1

apply the law of where the claim arose

“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 area of law.”

Question 2

interest analysis

Answer 2

“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 state has no legitimate interest, it will apply the law of another interested state.”

Question 3

characterize type of conflict

Answer 3

false conflict: only one state has a legitimate interest

True conflict: two or more states have a legitimate interest

Question 4

governing law based on type of conflict

Answer 4

false conflict: apply the law of the interested state

true conflict: if the forum is interested, apply the forum law

Question 5

most significant relationship (second restatement)

Answer 5

“under this approach the court will apply the law of the state which is most significantly related to the outcome of the litigation. To determine this, the court will consider connecting facts and policy principles.”

Question 6

Torts (first restatement)

Answer 6

governing law is where the injury occured

Question 7

Torts (second restatement)

Answer 7

Factual connections (1) place of injury, (2) place of conduct causing injury, (3) where parties are at home, (4) where the relationship is centered

Policy principles: (1) relevant policies of the forum state; (2) relevant policies of other connected states

Question 8

Exception for torts not being where injury occured

Answer 8

(1) rule at issue is loss distribution

(2) parties share a common domicile

Question 9

loss distribution applies: (examples)

Answer 9

loss limitations (damage caps)
vicarious liability rules
rules eliminating liability (immunity)

Question 10

Contracts with choice of law provision

Answer 10

a choice of law provision iwll be enforced if it is valid and express

Question 11

When will choice of law provision be invalid

Answer 11

(1) the law selected has no reasonable relationship to the parties or the transaction
(2) provision is contrary to the fundamental policy of a state with a materially greater interest than the chosen state in the determination of the particular issue

Question 12

Contracts vesting rule (first restate)- if case about the formation

Answer 12

apply the law of the place of contracting

Question 13

contracts vesting rule (first restate) - if the case is about performance

Answer 13

apply the law of the place of performance

Question 14

second restatement Contracts

Answer 14

factual connections (1) place of contracting, negotiations, perofmrance, parties “at home”

policy principles (1) relevant policies of the forum state, (2) relevant policies of other connected states, (3) reasonable expectations of the parties (to make contract enforceable)

Question 15

Immovable property

Answer 15

apply law of the situs (where it is located)

Question 16

movable property

Answer 16

(1) intervivos transaction- apply the law of the situs at time of transaction
(2) inheritance- apply the law of the decedent’s domicile at the date of death (remember rules of the D’s)

Question 17

family law (marriage)

Answer 17

marriage is valid where performed, it will be recognized as valid everywhere
EXCEPTION_ if temporarily relocate to another state to perform a marriage that violates a prohibitory rule in their home state- domicile will not recognize marriage

Question 18

Family law (divorce)

Answer 18

forum will apply its own divorce law

to acquire jurisdiction- at least one of the parties must be domiciled in the state

Question 19

legitimacy of the child

Answer 19

governed by the law of the mothers domicile at the time of the children birth

Question 20

validity of subsequent acts of legitimation

Answer 20

goverend by the law of the father’s domicile

Question 21

is statute of limitations procedural or substantive

Answer 21

historically procedural at the state level with exceptions

(1) borrowing statutes
(2) limitations that condition a substantive right

Question 22

borrowing statutes

Answer 22

courts look at the forum and foreign limitations period and then to apply the shorter period

Question 23

limitations that condition a substantive right

Answer 23

if normal choice of law analysis leads to the application of a foreign statute that creates a substantive right, then apply the entire statute.

Question 24

domicile by choice

Answer 24

(1) physcial presence

2) intent to remain permanently (or indefinitely

Question 25

domicile by operation of law- children

Answer 25

newborn- assigned domciile of their parents cases of divorce- children assigned domicile of their custodial parent

Question 26

domicile by operation of law- mental incompetents

Answer 26

(1) individual who is mentally incompetent is assigned the domicile of their parents (2) if an individual becomes incompetent after acquiring a domicile by choice: individual retains the chosen domicile