choice of law

Question 1

what law applies if fed Q J

Answer 1

federal

Question 2

is a federal court sitting in diversity required to apply state substantive law?

Answer 2

no

Question 3

what are considered procedural issues? what law applies for procedural issues?

Answer 3

process and procures

federal law applies

Question 4

what is considered a substantive issue?

Answer 4

legal rights and duties

state law applies

Question 5

what do we ask if it is unclear if it is a substantive or procedural issue?

Answer 5

does the federal law in the question directly address the state law

Question 6

what if the federal law directly addresses the state law

Answer 6

use the federal law if it is arguably procedural and does not modify any substantive rights

Question 7

what if the federal law does not address the issue?

Answer 7

apply state if

outcome determinative
no counterveiling fed policy interest

Question 8

what can a fed court always hold a person in?

Answer 8

contempt