Civil Procedure Multistate Bar Practice Exam

What rules must be followed when a case is transferred to a new court regarding choice of law?

1. The choice of law rules of the transferee court apply

2. The choice of law rules of the transferor court apply

3. The choice of law rules are irrelevant

4. Federal law dictates the choice of law rules in all cases

The correct answer is: The choice of law rules of the transferor court apply

When a case is transferred to a new court, the prevailing principle is that the choice of law rules of the transferor court apply. This is significant because it ensures that the substantive law and legal standards that originally governed the case remain consistent, even if the jurisdiction changes due to a transfer. This approach helps to maintain the parties' expectations and avoids the complications and uncertainties that can arise from applying the laws of the new jurisdiction. In practice, this means that if a case is initially filed in one state (the transferor) and is later moved to a different state (the transferee), the original state's rules regarding conflicts of law—those rules that determine which jurisdiction's law should be used—continue to govern the issues in the case. This adherence helps to preserve the integrity of the legal process and the rights of the parties involved. The other options are not applicable: the transferee court's choice of law rules would not apply as they would potentially alter the outcome based on differing legal standards. Suggesting that choice of law rules are irrelevant overlooks their critical role in ensuring that legal disputes are resolved in accordance with the appropriate and intended legal framework. Lastly, the idea that federal law dictates choice of law rules in all cases is incorrect, as the federal