"Comparative Impairment", "Where there is a true conflict, the court should consider the genuine, non-hypothetical interest of each state to determine which would be more seriously impaired if its laws were not applied.<br /> LOOK AT: history and current status of the state laws (function and purpose). Unusual & outmoded vs progressive & prevalent" "2nd Restatement", "Most Significant Relationship Test<br /> 1. Will follow statutory directive of own state<br /> 2. When no directive LOOK AT<br /> a. needs of interstate/international forum<br /> b. policies of the forum<br /> c. other policies<br /> d. protection of expectations<br /> e. certainty & predictability<br /> f. ease & application<br /> TORT<br /> 1. place of injury 2. conduct causing injury<br /> 3. domicile (place of business)<br /> 4. Place where the relationship is centered" "Traditional/Vested Rights/ 1st Restatement", "FEATURES: (1) uniformity (2) territorial (3) traditional<br /> Lex Loci Delecti: place of wrong<br /> Lex Loci Contractus: place of contract<br /> Law of Situs: location of real property" "Gov't Interest Analysis", "Step 1: true conflict? assume forum will apply own laws unless requested to apply another state's law (if asked check for conflict)<br /> TEST: consider the policies underlying the law of each state and applies the law of the place that has the greatest interest in litigation" "Neumeir<br /> RULE 1", "(1) when parties are domiciled in same state the law of that state should control" "Neumeier<br /> RULE 2", "2(A) when drivers conduct occurred in the state of his domicile and that state doesn't hold him liable, should not be held liable<br /> (B) when a guest is injured in his state, driver shouldnt be able to use his law as a defense" "Neumeier<br /> RULE 3", "(3) domiciled in different states, usually state where accident occurred BUT not if it can be shown that displacing that normally applicable rule will advance the relative substantive law purposes w/o impairing the smooth working of multi-state system or would cause uncertainty" "Depecage", "the process of cutting something into pieces, the process of cutting up a case into individual issues each requiring a separate choice of law analysis" "Loss Allocating<br /> vs<br /> Conduct Regulating", "Loss Allocating: (guest statute) rule that assigns liability after tort occurs<br /> Conduct Regulating: (punitive damages) makes ppl act before injury" "Escape Devices<br /> Renvoi", "" infinite loop" forum law says apply foreign law, foreign law says apply forum law...." "Escape Devices<br /> Renvoi", "" infinite loop" forum law says apply foreign law, foreign law says apply forum law...." "Escape Devices<br /> Nature of the Action", "Reclassifying the issue: tort becomes contract issue<br /> THINK: Garza v Greyhound<br /> - accident in Mexico but contract in Cali" "Escape Devices:<br /> Sub vs pro", "Substantive: An issue is substantive if it involves a rule to decide the claim on the merits, that is, a rule directly governing the parties' legal rights and responsibilities. A classic example is whether an element of a claim or defense is satisfied<br /> Procedural: An issue is procedural if it goes to the judicial mechanisms to facilitate the case and allow the court to determine the parties' rights and duties. Examples of matters typically deemed procedural include the methods to serve process and provide notice, matters of pleading and trial management, the manner of enforcing a judgment, and burdens of proof and persuasion" "Types of Domicile", "1. Origin: domicile of parents at time of birth<br /> 2. Choice: by action<br /> 3. Operation of law: domicile which the law attributes to a person, independent of own intentions or actions (H&W, child and parents)" "Test for Domicile", "(of choice)<br /> 1. Are you physically present in the jurisdiction<br /> 2. doe you have the necessary intent to stay (for the time at least)<br /> 3. Is your intention voluntary"
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