Law Applied in Federal Court

Question 0

Ordinary federal question cases

Answer 0

involve federal statute

constitution

Question 1

Federal Question Cases (3)

Answer 1

Ordinary federal question
Embedded federal question
federal common law

Question 2

Embedded federal question cases

Answer 2

Where state law claim depends on question of federal law

Court applies state law to issues pertaining to state law and
federal law to issues pertaining to federal law

Question 3

Federal Common Law

Answer 3

maritime law
foreign relations
commercial rights and liabilities of fed gov
property rights and liabilities of fed gov

Question 4

Diversity Cases - Erie Analysis

Step One

Answer 4

if Valid federal statute or constitutional provision
is ON POINT
apply the relevant provision
regardless whether provision is substantive or procedural or whether it causes forum shopping

Question 5

What makes a statute invalid?

Answer 5

violates the constitution
rule that abridges, enlarges or modifies a substantive right

no federal rule of civil procedure has been found invalid

Question 6

Step 2 in Erie Analysis

Answer 6

If no federal statutory or constitutional provision is on point

Avoid unfairness and forum shopping

Forum shopping creates unfairness by itself

Question 7

What laws are always substantive

Answer 7

Choice of Law Rules

Statute of Limitations