COL

Question 1

ID-ing state law

Answer 1

A federal court interpreting state substantive law must follow the rulings issued by the state’s highest court.

Question 2

COL in FQ

Answer 2

Fed procedural AND Fed substance

Question 3

Ex of procedural v substantive

Answer 3

Procedural
(processes & procedures)
-Filing deadlines
-Court rules & procedures
-Discovery practices
-Rules of evidence

Substantive
(legal rights & duties)
-Elements of claim or defense
-Burdens of proof
-Statutes of limitations

Question 4

How to determine which state’s substantive law applies

Answer 4

To determine which state’s substantive law applies, a federal court must apply the choice-of-law rules of the state where it sits.

Question 5

COL when case is transferred

Answer 5

If venue is transferred under the change of venue rules of 28 U.S.C. § 1404, the new court must apply the law of the state of the transferor court, including that state’s rules regarding conflict of laws.

Question 6

Conflict of Laws Laws in Div Cases

Answer 6

A federal court with diversity jurisdiction over an action must apply the conflict-of-laws rules of the state in which it sits.