Conflict of Laws

Question 1

Under the constitution, a court may not apply its own substantive law to a particular issue unless

Answer 1

Such application of this law would be reasonable and the light of the relationship of the state and I’ve other states to the person, thing, or occurrence involved.

Question 2

Choice of law theories

Answer 2

There is a traditional approach to choice of law issues (embodied in the first restatement) and two contemporary approaches: interest analysis and the most significant relationship test (2nd restarement)

Question 3

Renvoi

Answer 3

A forum that accepts Renvoi will decide the case as it would have been decided had originated in the foreign forum.
A forum that rejects Renvoi will apply for domestic law of the foreign state but not its choice of law rules.

Question 4

Depecage, cutting up

Answer 4

Under the first restatement, courts were directed to apply the law of a single state to all the issues in a particular case. Under the secondary statement, choice of law determinations are made on an issue by issue basis.

Question 5

Traditional approach, vested rights

Answer 5

Applies the law where the plaintiff’s rights vest. Identify the relevant event, e.g. contract formation, injury, and then apply the law of the state for that event took place.

Question 6

Contemporary interest analysis approach

Answer 6

If the form state has an appropriate interest in the case or issue, the form state applies its own law. Otherwise, the forum must apply the law the state that does have an interest.

Question 7

Contemporary most significant relationship approach

Answer 7

This approach directs the forum to look at all the existing contacts between the various parties to a suit and berries jurisdiction. Ultimately, the court should choose the law of whatever jurisdiction is most closely tied to the case.

Question 8

Under Erie, a federal court sitting and diversity jurisdiction

Answer 8

Must apply the substantive law of the state in which it sits. A federal court sitting in diversity jx must apply the choice of law rules of the state.

Question 9

According to klaxon, a federal district court sitting in diversity must

Answer 9

Apply the choice of law approach prevailing in the state in which it sits

Question 10

Under the full faith and credit clause of the constitution,

Answer 10

A valid judgment rendered in one state of United States must be recognized in a sister state.

The Supreme Court has held that state courts must do the same for federal judgments. And by statute, federal courts must give full faith and credit to state court judgment

Question 11

A judgment rendered in 1 court must be recognized in another court if the following requirements are satisfied

Answer 11

Valid judgment, judgment on the merits, and judgment is final.