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Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938).
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1What is the difference between substantive law and procedural law?
What is the difference between substantive law and procedural law?2May the Federal Rules of Civil Procedure alter the parties’ substantive rights?
May the Federal Rules of Civil Procedure alter the parties’ substantive rights?3When must a federal court apply state substantive law?
When must a federal court apply state substantive law?4Do the federal courts apply state procedural law?
Do the federal courts apply state procedural law?5When a federal court applies state law, must the court apply both state statutory law and state case law?
When a federal court applies state law, must the court apply both state statutory law and state case law?6The plaintiff sued a surgeon in a federal diversity case. The plaintiff claimed that the surgeon committed malpractice by failing to obtain the pla...
The plaintiff sued a surgeon in a federal diversity case. The plaintiff claimed that the surgeon committed malpractice by failing to obtain the plaintiff’s written consent before operating on the plaintiff. The plaintiff’s claim arose under state law. The relevant state’s law included a statute providing that a surgeon commits malpractice by failing to obtain a patient’s informed consent in writing before surgery. The surgeon claimed that the plaintiff gave verbal consent to the surgery and argued that the court need not follow the statute requiring written consent.Must the court apply the state statute?7If a federal court is applying state law, but the state’s highest court has not decided the issue, how should the federal court usually determine t...
If a federal court is applying state law, but the state’s highest court has not decided the issue, how should the federal court usually determine the state law’s content?8A federal court was hearing a diversity case in which the plaintiff alleged the tort of negligent misrepresentation. One of the issues in the case ...
A federal court was hearing a diversity case in which the plaintiff alleged the tort of negligent misrepresentation. One of the issues in the case was whether this tort was recognized under the applicable state’s law. The state’s supreme court had not addressed this issue, and no federal court had yet applied the state’s law on this question. The parties agreed that the federal court must follow state law in deciding whether the tort exists. What process should the federal court follow to determine the content of the state’s law?9In a federal diversity case, if a state law directly conflicts with a provision of the Federal Rules of Civil Procedure, which of the two is a fede...
In a federal diversity case, if a state law directly conflicts with a provision of the Federal Rules of Civil Procedure, which of the two is a federal court more likely to apply?10When a federal court must choose whether to apply state law or federal law, what is the role of the outcome-determination test?
When a federal court must choose whether to apply state law or federal law, what is the role of the outcome-determination test?11When a federal court must choose whether to apply state or federal law, what are the potential roles of state and federal interests in the analysis?
When a federal court must choose whether to apply state or federal law, what are the potential roles of state and federal interests in the analysis?12The plaintiff sued the defendant in a federal diversity case. The claim was governed by state law. A state statute provided that jurors may not ask...
The plaintiff sued the defendant in a federal diversity case. The claim was governed by state law. A state statute provided that jurors may not ask questions of the judge during deliberations. A federal practice, not contained in the Federal Rules of Civil Procedure, allowed jurors to submit written questions to the judge during deliberations. During its deliberations, the jury sent a written question to the judge asking for clarification about an element of the plaintiff’s claim. The defense attorney argued that the state law applied to prohibit the judge from answering the jury’s question. Considering the relative importance of the state and federal interests, is the judge bound by the state statute?13When a federal court must choose whether to apply state law or federal law, what is the potential relevance of forum shopping in the analysis?
When a federal court must choose whether to apply state law or federal law, what is the potential relevance of forum shopping in the analysis?14What is the meaning of the term conflicts of law?
What is the meaning of the term conflicts of law?15If a federal court must decide which state’s law to apply in a diversity case, what conflicts-of-law rules must the court use?
If a federal court must decide which state’s law to apply in a diversity case, what conflicts-of-law rules must the court use?16The plaintiff sued the defendant in a federal diversity case, alleging breach of contract. The plaintiff filed the case in the United States distri...
The plaintiff sued the defendant in a federal diversity case, alleging breach of contract. The plaintiff filed the case in the United States district court for the district of State A. The contract was negotiated in State B, partly performed in State B, and partly performed in State A. The alleged breach occurred in State B. The parties disputed whether the law of State A or the law of State B governs the claim. Both State A and State B had conflicts-of-law rules that address this question. Which state’s conflicts-of-law rules should the court apply?17What is federal common law?
What is federal common law?18When applying state law, may the federal courts create common-law rules if the state law is unclear?
When applying state law, may the federal courts create common-law rules if the state law is unclear?19The plaintiff brought a federal diversity case against a former employee, alleging that the employee breached a covenant not to compete with the pl...
The plaintiff brought a federal diversity case against a former employee, alleging that the employee breached a covenant not to compete with the plaintiff after leaving employment. The claim is governed by state common law. The employee argued that the covenant was unenforceable, because it purported to have a five-year duration, and covenants of such duration are not allowed under state law. However, state law was not clear on this issue. Assuming that this issue is a matter of substantive law, in deciding whether the covenant is enforceable, may the court rely on federal common law?20Can state law ever provide the content of federal common law?
Can state law ever provide the content of federal common law?21Must federal common law always establish a uniform federal standard?
Must federal common law always establish a uniform federal standard?22What is the gap-filling function of federal common law?
What is the gap-filling function of federal common law?23What legal factors generally influence the federal courts in deciding whether to use federal common law to fill gaps in federal statutes?
What legal factors generally influence the federal courts in deciding whether to use federal common law to fill gaps in federal statutes?24Is federal common law sometimes used in areas of significant federal interest?
Is federal common law sometimes used in areas of significant federal interest?25The plaintiff sued the United States under a federal statute authorizing actions for damages for injuries incurred in national parks. The United St...
The plaintiff sued the United States under a federal statute authorizing actions for damages for injuries incurred in national parks. The United States raised a comparative-negligence defense, arguing that the plaintiff’s recovery should be reduced by the plaintiff’s share of the fault. The statute did not specify which defenses apply to a plaintiff’s claim. However, the statute provides, “The United States district courts shall decide claims under this Act in accordance with general principles of common law.” May the trial court use federal common law to determine whether comparative negligence applies?26A federal statute regulated the leasing of federal property to private tenants. The statute provided that each lease issued by the United States in...
A federal statute regulated the leasing of federal property to private tenants. The statute provided that each lease issued by the United States included an implied warranty of habitability, i.e., that the premises were reasonably fit for occupancy. The statute allowed a tenant to sue the United States for breach of this implied warranty. The plaintiff leased a house from the federal government and brought an action alleging that the presence of radon gas in the house violated the implied warranty of habitability. The statute did not specify which conditions violate the implied warranty, and there was no case law on point. May the court use federal common law to adopt a rule as to whether the presence of radon gas violates the implied warranty?27In a diversity case, a federal court must apply ________ substantive law and ________ procedural law.
In a diversity case, a federal court must apply ________ substantive law and ________ procedural law.28If a Federal Rule of Civil Procedure or a federal statute directly conflicts with state law, the federal rule or statute will apply if what two con...
If a Federal Rule of Civil Procedure or a federal statute directly conflicts with state law, the federal rule or statute will apply if what two conditions are met?