Traditional
Torts (with one exception)
Place of the wrong; standard of care governed by 1st Restatement and place of wrong (Alabama RR v. Carroll)
Pure Currie steps
1) Identify purpose/policy of the law
2) Is the policy advanced by applyig the law?
What is an unprovided for case & how would Currie resolve?
When no state is interested. Currie says apply forum law.
How do you approach false conflicts?
Interest analysis by comparing the state's contacts and respective interests
What is Baxter's comparative impairment?
Apply law of the state whose interests would be the most impaired if its laws weren't applied.
Contracts
place where K made (Milliken v. Pratt)
False Conflict + Outcome
When 2 states are interested but only 1 state's policy is furthered. Outcome: Apply law of interested state
Sedler's Rule
Between the two states, find an underlying common policy and apply that.
How do you ascertain the purpose of the state's law that led of the adoption of the law in wholly domestic cases?
Legislative history, floor debates, law review articles, statute itself, speculation
What do you consider with comparative impairment?
Qualitative and quantitative information/outcomes
Contract validity
Place with a view to which it was made (Pritchard)
True Conflict
When 2 or more states are interested and policies futhered. Outcome: Forum law
Other way to resolve unprovided for cases.
Apply the law that appears more enlightened
Neumeier Rules/Judge Fuld's Rules - what kind of approach?
Neo-terriorialism, parts of interest analysis, part of traditional approach.
Does comparative impairment care about which policy is better?
No, courts just care about the reach and scope of the state's policies. There are internal and external policies.
Property
law of situs
Restrained Currie Approach
Take a more restrained look to interpreting the reach of the forum's policy. If this results in the forum no longer being interested, apply the law of the interested jurisdiction. If taking a more restrained approach results in the forum state still being interested, apply the forum law.
Another way to resolve unprovided for cases.
Apply the law that favors the local resident
When are Neumeier/Judge Fuld's rules mainly applied?
Guest-host statutes, bad actor cases
Internal policies
What the law is designed to do
Marriage
valid everywhere if valid in the state where it was celebrated
Another way to resolve unprovided for cases.
Reach the same result by applying a more sophisticated approach
Neumeier/Judge Fuld's Rules 1 - 3
Common domicile controls; When an actor acts in his domicile and domicile would not impose liability, then no liability, but if a guest is injured and her home state allows recovery then the actor cannot use his state as a defense; When dealing with actor and injured from different states = place of accident unless some other state is better and not disruptive to place of accident
External policies