Ascertaining the Applicable Law

Question 1

What is choice of law?

Answer 1

Diversity jurisdiction cases must apply state substantive law and federal law, under the Erie doctrine.

*Substantive law will follow the laws of the state where the case is located at

Question 2

What are the types of federal procedural law?

Answer 2

1. Service of process
2. Trial by judge or jury
3. Federal rules of civil procedure
4. Rule 35 physical and mental exam

Question 3

What are the types of state substantive law?

Answer 3

1. Statute of limitations
2. Choice of law rules
3. Posting bail/bond

Question 4

What is the big picture for applicable law purposes?

Answer 4

This is where we will determine which law the court will apply if the case is in Federal court