Choice-of-Law Approaches Flashcards
(19 cards)
What are the three primary approaches to choice-of-law rules?
- First Restatement of Conflict of Laws
- Second Restatement of Conflict of Laws
- Contemporary interest analysis approach
In a federal court exercising diversity jurisdiction, which choice-of-law rules apply?
The choice-of-law rules of the state in which the federal court sits
What is the First Restatement’s ‘Vested Rights’ approach?
The forum must apply the law of the state where the rights of the parties ‘vested’
What is required for a court using the vested rights approach?
- Characterize the cause of action
- Apply the appropriate choice-of-law rule
What are the three choice-of-law rules that typically arise under the First Restatement?
- The law of the place of wrong or injury
- The law of the place of contracting
- The law of the place where the property is located
What characterizes the First Restatement’s approach?
A single-factor analysis
What does the Second Restatement’s ‘Most Significant Relationship’ approach require?
The forum must apply the law of the state with the ‘most significant relationship’ to the issue
Under the Second Restatement, can different states’ substantive laws apply to different issues within the same cause of action?
Yes
What are some broad considerations in the Second Restatement’s choice-of-law determination?
- Needs of interstate and international systems
- Relevant policies and interests of the forum and other states
- Justified expectations of the parties
- Judicial economy
What characterizes the Second Restatement’s approach?
A multi-factor analysis
What does the ‘Interest Analysis’ approach focus on?
The law of the state that is most legitimately interested in the outcome
What is the default rule under the Interest Analysis approach?
The forum should apply the substantive law of the forum state
When will a forum apply another state’s law under the Interest Analysis approach?
If the forum state has no legitimate interest in how a particular issue is resolved
What is a key focus of the single-factor analysis in the Interest Analysis approach?
Governmental interest
What must a choice-of-law determination satisfy according to the 14th Amendment’s Due Process Clause?
It must be consistent with norms of fairness
What must be true of the law applied for it to satisfy due process requirements?
The state must have connections with the case that are not too tenuous
Under what circumstances will courts refrain from applying another state’s law?
When it offends the strong public policy of the forum state
What types of laws will a state court refuse to enforce from another state?
Penal laws and revenue laws
