Clashes Between State and Federal Laws

Question 1

Where state and fed law conflict, one begins the analysis of choosing between the two laws by identifying . . .

Answer 1

what type of federal law is implication

Question 2

For federal statutes, the Supremacy Clause requires that federal law govern in the face of conflicting state laws, so long as . . .

Answer 2

The federal statute is a constitutionally valid exercise of congressional power.

Question 3

A FRCP should govern in the face of a conflicting state rule SO LONG AS the Federal Rule is valid under ___________ and __________.

Answer 3

The Federal Rule is valid under the Rules Enabling Act and the Constitution

Question 4

Federal court-made law may govern in the face of a conflicting state rule ONLY SO LONG AS the application of federal law does not violate the aims of which doctrine?

Answer 4

Erie

Question 5

What the dual aims or ERIE?

Answer 5

Discourage forum shopping

Avoid inequitable administration of laws

Question 6

Whats is the KLAXTON rule?

Answer 6

A federal court exercising diversity jurisdiction should apply conflict of laws rules of the forum state.

Question 7

Under KLAXTON, a federal court exercising diversity jurisdiction should apply conflict of laws rules of the _____ state.

Answer 7

Forum

Question 8

Under KLAXTON, where ERIE analysis points to state law, one must choose the appropriate state law using the forum state’s . . .

Answer 8

Choice of methodology.