Choice of Law in Federal Court

Question 1

What are the three eerie doctrine steps?

Answer 1

(1) determine whether there is a federal law on point (FRCP, FRE); (2) that directly conflicts with the state law; If no federal law is point, (2) apply state substantive law on substantive issues and federal law on procedural issues

Question 2

What five issues are clearly substantive (I.e. federal court will always apply state law)?

Answer 2

conflict/ choice of law rules; elements of a claim or defense; Statute of limitation; rules for tolling statute of limitations; and standard for granting a new trial b/c jury damages were excessive/ inadequate

Question 3

What law does a federal court exercising federal question jurisdiction apply?

Answer 3

apply federal law