Law Applied in Fed Court Bar Prep

Question 1

T or F: Diversity cases will be based on state law

Answer 1

True

Question 2

Eerie Doctrine

Answer 2

1.) Is there some federal law (Constitution, FRCP, FRE, federal statute) that directly conflicts with state law?

If yes, apply federal law, as long as its valid

2.) If there is no federal law on point, must apply substantive state law

3.) If there is no federal law on point and the issue is not one of the five substantive laws controlled by state law, fed judge must determine whether the issue is “substantive”

Question 3

T or F: FRCP is presumptively valid because they are procedural

Answer 3

True

Question 4

Which issues are clearly substantive thus making the application of state law required (5)

Answer 4

• Conflict (or choice) of law rules
• Elements of a claim or defense
  -Statutes of limitation
  -Rules for tolling statutes of limitations; and
• Standard for granting a new trial because the jury’s damages award was excessive or inadequate

Question 5

Factors fed court weigh in determining whether the issue is “substantive”

Answer 5

Outcome determinative: would applying or ignoring the state rule affect the outcome of the case? If so, probably a substantive rule, so court should apply state law

Balance of interests: Does either the fed or state system have strong interest in having its rule applied? The one with the greater interest should have its law applied

Avoid forum shopping: If the federal court ignores state law on the issue, will it cause parties to flock to federal court? If so, the court should probably apply state law

Question 6

Is there federal common law in general?

Answer 6

No, so general common law of torts, contracts, and property is state law, and federal courts must apply that state substantive law in a diversity case

Question 7

Areas of fed common law

Answer 7

• International relations
• Admiralty
• Disputes between states
• Right to sue a fed officer for violating one’s fed rights