CHOICE OF LAW BASICS
This doctrine requires a court sitting in diversity to apply state substantive law and federal procedural law.
Erie Doctrine
Under the traditional rule, tort law is governed by the law of this location.
Place of injury.
Courts generally honor this provision selecting which state’s law will govern the contract.
Choice of law clause
The law of this location governs interests in real property.
Law of the situs.
Federal courts apply this type of law under Erie.
Procedural law
Under the traditional approach, the law of this place governs tort cases.
Place of the injury (lex loci delicti)
This modern test considers factors such as where the injury occurred, domicile of parties, and place of conduct.
Most significant relationship.
Absent a valid choice-of-law clause, contracts are governed by the law of the state with this.
Most significant relationship
This type of property is governed by the law of the owner’s domicile.
Personal property
Statutes of limitation are generally classified as this for Erie purposes.
Substantive
This modern approach applies the law of the state with the most significant relationship to the dispute.
Restatement (Second) of Conflict of Laws
When both parties share the same domicile, courts often apply the law of this place.
Common domicile
This doctrine allows courts to disregard a choice-of-law clause if it lacks a substantial relationship.
Reasonableness requirement
Marriage validity is generally governed by the law of this place.
Place of celebration
This doctrine determines whether a state rule is substantive or procedural.
Outcome determinitive test
This approach weighs five policy factors including predictability and ease of application.
Governmental interest / Most significant relationship test
This doctrine prevents forum shopping by applying forum law only when it has a legitimate interest.
Governmental interest analysis.
This law typically governs issues of contract formation and validity.
Law of the place of contracting (traditional)
Divorce jurisdiction requires domicile in this location.
Forum state
Federal courts must follow state law on this issue involving judge-jury allocation.
Substantive rights
Courts may refuse to apply foreign law under this exception.
Public policy exception.
If applying another state’s law would violate fundamental justice, courts may invoke this doctrine.
Public policy exception.
Courts may refuse to enforce a contractual choice-of-law clause if it violates this.
Public policy
Custody determinations are governed by this child-focused standard.
BOIC
This doctrine seeks to prevent forum shopping and inequitable administration of laws.
Twin aims of Erie