Federal Common Law

Question 1

Requirements for federal common law to exist

Answer 1

(1) Congress must have been silent on the issue

(2) The law must be protecting a uniquely federal interest

Question 2

Uniquely federal interests

Answer 2

Foreign relations

U.S. contract or property rights

Civil liability of fed officers

Constitutional common law

Treaties

Judicial procedure (forum nonconvenience, privilege, preclusion)

Interstate disputes (states as parties)

Admiralty

Question 3

Federal Common Law: preclusion

Answer 3

Federal law governs the preclusive effect of the dispositions of federal courts

Diversity claim: federal common law looks to state where first fed case was decided

FQJ: federal common law on preclusion