All flashcards

26 cards

1What is the difference between substantive law and procedural law?
2May the Federal Rules of Civil Procedure alter the parties’ substantive rights?
3When must a federal court apply state substantive law?
4Do 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?
6The plaintiff sued a surgeon in a federal diversity case. The plaintiff claimed that the surgeon committed malpractice by failing to obtain the pla...
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...
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 ...
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...
10When 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?
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...
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?
14What 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?
16The plaintiff sued the defendant in a federal diversity case, alleging breach of contract. The plaintiff filed the case in the United States distri...
17What is federal common law?
18When 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...
20Can state law ever provide the content of federal common law?
21Must federal common law always establish a uniform federal standard?
22What 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?
24Is 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...
26A federal statute regulated the leasing of federal property to private tenants. The statute provided that each lease issued by the United States in...

What is the difference between substantive law and procedural law?

Keyboard shortcuts:
Previous
Space
Flip
Next