Conflicts of Law

Question 1

Erie Doctrine

Answer 1

A federal court sitting in diversity JDX MUST apply the substantive law of the forum state in which it sits must will apply their own procedural rules.

Choice of Law Rules are susbtantive for purposes of Erie

Question 2

Full Faith and Credit

Answer 2

Courts must give full faith and credit to the judicial proceedings of other courts in the United States.

UNLESS:

1. Lack of PJ or SMJ AND;
2. the party challenging the judgment did not actually litigate the issue.
3. Fraud
4. Not a final judgment on the merits.
5. Lacking Finality (on appeal)

Question 3

Choice of Law Approaches

Answer 3

1. Vested Rights are where the event that gave rise to the lawsuit occurred.
2. Governmental interest- applies the law of the JDX with the greater interest in having its law applied.
   a. courts will examine the policies and laws in both JDX. and determine which is more reasonable.
3. Most Significant Relationship

a. Relevant policies of the forum and other interested JDX.
b. Relevant policies underlying the field of law at issue.
c. Uniformity of the result.
d. Ease of application of the law to be applied.

Question 4

Express Choice of Law in Contracts

Answer 4

Parties are generally free to choose a particular JDX law to be applied.

However, it must be

1. some connection; AND
2. NOT contrary to the substantial policy interest of another JDX with a greater interest.

Question 5

Choice of Law in Contracts

Answer 5

Vested rights- where the contract was executed.

Most Significant Relationship

a. Place where it was formed
b. Place where the contract was negotiated.
c. Place of performance
d. Subject Matter of the contract;
e. The connection of the parties to the forum (domicile, residence, place of incorporation.)

Question 6

Choice of law in Torts

Answer 6

Vested rights- where the injury occurred.

Most Significant Relationship

a. place injury occurred
b. Place where the conduct that cause the injury occurred
c. Connection of the parties to the forum;
d. Where the relationship between the parties centered.

Question 7

Choice of Law Property

Answer 7

Situs- place where the real property is located.

Question 8

Choice of Law for Wills

Answer 8

Place of the decedent’s domicile at the time of death for personal property.

Real property- is the situs.