Reasonableness factors # 4 and 5: efficiency and substantive social policy

FACTOR 4: “[T]he interstate judicial system’s interest in obtaining the most efficient resolution of controversies”

Looks to judicial system as a whole.

Looks to procedural matters.

Policy here is efficiency.

Think about where:

  • Witnesses are located
  • Evidence is located
  • Often factor will point to more than one state
  • What arguments?

FACTOR 5: “[T]he shared interest of the several States in furthering fundamental substantive social policies.”

Look to the affected states and countries.

Look to cause of action? What kind of cause of action? Torts? Contracts?

Think about the substantive law of the cause of action (such as tort law, ex.: strict liability).

What are the public policies behind the cause of action?

Do the various states (and countries) share common policies? Do they agree that substantive law should exist to provide remedies in cases like this?