Conflicting Laws

Question 1

The Rules of Decision Act provides that “the ____ , except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as ____ in civil actions in the courts of the United States, in cases where they apply.”

Answer 1

(1) laws of the several states
(2) rules of decision

Question 2

____ interpreted the Rules of Decision Act to require federal courts to apply the ____ in cases where state law applied.

Answer 2

(1) Swift v. Tyson
(2) general American common law

Question 3

Erie Railroad Co. v. Tompkins reversed Swift v. Tyson, holding that when state law applies in federal court, the federal court must apply ____.

Answer 3

the law of the state in which that federal court sits

Question 4

____ coined the “____,” which provides that the ____ Doctrine mandates state law only where it affects substantive rights that are potentially outcome determinative.

Answer 4

(1) Guaranty Trust v. York
(2) outcome determinative test
(3) Erie

Question 5

____ modified the ____, holding that the court should ____ in the case to determine which interests were stronger.

Answer 5

(1) Byrd v. Blue Ridge
(2) outcome determinative test
(3) balance state and federal interests

Question 6

____ further held that one factor of the balancing test is whether the state law in question is ____ outcome determinative. Thus, Byrd gives more importance to ____ that absolutely change the outcome of the case.

Answer 6

(1) Byrd
(2) absolutely or definitively
(3) state laws

Question 7

To determine the content of state law in federal court, the Erie Doctrine directs that the court give binding authority to ____ and ____.

Answer 7

(1) state statutes
(2) decisions from the state’s highest court

Question 8

Persuasive (but not binding) authority is found in ____ and ____.

Answer 8

(1) lower state appellate courts
(2) federal court opinions on state law.

Question 9

Erie also allows courts to make an ____ as to state law.

Answer 9

educated guess

Question 10

The Rules Enabling Act (28 U.S.C. § 2072) provides the United States Supreme Court may enact the ____, provided that no rule may ____ any substantive right.

Answer 10

(1) Federal Rules of Civil Procedure
(2) abridge, enlarge or modify

Question 11

The most prominent Rules Enabling case is ____, which resolves the conflict between the Rules Enabling Act and the ____.

Answer 11

(1) Hanna v. Plumer
(2) Erie Doctrine

Question 12

Hanna v. Plumer also introduced the concept of the “twin aims of Erie,” which are to (1) discourage ____, and (2) avoid the ____.

Answer 12

(1) forum shopping
(2) inequitable administration of the laws

Question 13

Choice of law is the process by which courts determine which ____ law will be applied in a case.

Answer 13

state’s or nation’s

Question 14

Choice of law rules may be ____ or ____.

Answer 14

statutory or common law

Question 15

One example of a common law choice of law rule is the Texas case of Duncan v. Cessna, which holds that Texas courts will use the ____ to choose the governing law.

Answer 15

most significant relationship test

Question 16

The common law choice of law rule applies except where there is a _____, or where the action is based on contract that contains a _____.

Answer 16

(1) statutory choice of law rule
(2) valid choice of law clause

Question 17

In federal courts, choice of law for non-federal-question cases is controlled by the choice of law rules of _____.

Answer 17

the state in which the federal court sits