law applied in federal court

Question 1

Eerie

Answer 1

1. Is there some federal law (const., statute or FRCP or evidence) on point that directly conflicts w/ state law. If so,apply federal law basd on supremacy clause
2. if there is no fedrela law on point, the federal judge must apply state law if the issue to be decided is substnative. Five issues are clearly substantive
   a. elements of a claim or defense
   b. statute of limitations
   c. rules for tolling statute of limitations
   d. conflict or choice of law fulres and
   e. standrd for whether to grant a new trial because a jury’s damages detemrination is excessive or inadequate
3. If there is no fedelral law on point and the issue is not one of the 5 listed above, teh federal judge must determin whethr the issue is “Substantive”. WEIGH THE FOLLOWING
   a. OUTCOME DETERMINATIVE - would applying or ignoring state rule affect the outcome of the case? If so, substantiv eand use state law.
   b. BALANCE OF INTEREST - does either fedreal or state systme have a strong interest in having its rule applie?
   c. AVOID FORUM SHOPPING - if teh federal court ignores state law on this issue, will it cause parties to flock to federal court? If so, state law.

Question 2

NO FEDERAL COMMON LAW EXCEPT

Answer 2

preclusive effect of a federal judgment