Law applied by federal courts

Question 1

Federal question cases: 3 types

Answer 1

Ordinary FQ questions: most involve a violation of fed stat or constitutional provision. Court just applies that text and any authoritative precedent

Embedded FQ questions: when state law claim depends on question of federal law. Court applies state law to issues of state law, federal law to issues of federal law

Federal common law cases: most fed common law is ABOLISHED. Exceptions:
- maritime law
- foreign relations
- commercial and property rights/liabilities of the federal gov’t
In these cases, courts will apply (and maybe create) federal common law and IGNORE state law that might apply

Question 2

Diversity cases: Erie analysis (2 steps)

Answer 2

Step 1: if Congress/Constitution says something VALID and ON POINT, just do that

• valid: constitution is per se valid, statute must be constitutional
  - FRCP must not “abridge/enlarge/modify any substantive right”. Every federal rule ever has been valid, but if they give you a new one, make sure