In a bar exam essay, how do you choose between the different Conflicts of Law approaches?

Answer 1

The first question in determining approaching Conflict of Law questions is what area of the law does the potential conflict exist, and the specific issue in that area. For instance, in Contract disputes, the laws may differ depending on whether the issue in dispute occurred during drafting of the contract or during performance of the contract. Once that's been established, then you look towards to states' laws, which could potentially apply. If there is no conflict between those laws, and they would render the same answer, then your analysis is over.