State Law in Federal Court and Federal Common Law Flashcards
The Rules of Decision Act
Federal law > State Law. Applicable provisions of the federal constitution, treaties, and constitutional statutes enacted by Congress always take precedence over state law.
Federal Courts always apply federal law when considering issues involving: (2) - Think Rules of Decision Act
(1) The U.S. Constitution and
(2) Constitutional Federal Statutes
Erie Doctrine
federal court that hears a state law claim based on diversity or supplemental jurisdiction must apply the substantive law of the state in which the court sits.
Federal Court use federal or state procedural rules when applying state law?
Federal
T or F? Under Erie, state law applies if it is a law that deals with the substantive rights of state citizens.
True
The Erie Doctrine only applies when the following two conditions are met:
(1) the court has subject-matter jurisdiction over a case, based on diversity or supplemental jurisdiction and
(2) the state law that would apply conflicts with the federal rule, statute, doctrine or procedure at issue.
Should the federal court apply federal or state law? - The statute of limitations in a diversity action
state law of the state in which the court sits.
Should the federal court apply federal or state law? - diversity action choice-of-law rules.
state law of the state in which the court sits.
If the federal court is uncertain about the state law to be followed, or if the law is unclear or unsettled, the court has which 3 options?
(1) abstain from hearing the state law claim
(2) if the state law allows, certify the question to the state courts and obtain a ruling on the issue or
(3) try to predict how the sate courts would rule on the issue, using all available and relevant resources.
De Novo
Starting over
T or F? Federal circuit courts of appeal give deference to district courts’ interpretations of unsettled state law.
False. Federal circuit courts of appeal do not give deference to district courts’ interpretations of unsettled state law, but review those decisions de novo.
Under the Erie doctrine, describe federal common law.
There is no general federal common law. Courts apply the laws of the states in which they are located.
T or F? Federal common law now exists to interpret congressional intent and the meaning of federal statutes.
True.
Which takes precedence? Congressional action or Federal Common Law rules?
Congressional Action.
Federal Common Law Rules are adopted when Congress has been silent on a question involving federal law or ____.
Congress has given courts the power to make common law rules.
