Law Applied by Federal Courts

Question 1

Erie doctrine

Answer 1

applies when a federal case is brought under diversity of citizenship jx
- federal courts will apply federal procedural law,
- BUT MUST apply the substantive law of the forum state in which it sits

Question 2

substance v. procedure

Answer 2

Procedural law
- civil procedure rules
- statute of limitations (except in limited circumstances)
- burden of proof
- rebuttable presumptions

Substantive law
- choice of law rules
- statute of frauds
- irrebuttable presumptions
- state of limitions that condition a substantive right or have a borrowing statute
- preclusion law

Question 3

when substantive federal law applies

Answer 3

federal law will apply for:
- mattes governed by US Constitution
- laws passed by Congress
- valid federal law that preempts state law under Supremacy Clause