The Law Applied by Federal Courts

Question 1

Law applied by federal courts in Ordinary Federal Question Cases

Answer 1

just apply the text of the federal law as well as any authoritative precedent interpreting that text.

Question 2

Law applied by federal courts in Embedded Federal Question Cases

Answer 2

rare instances in which the success or failure of a state law claim depends on a question of federal law. When a federal court hears this type of case, the court simply applies state law to the issues pertaining to state law and federal law to the issues pertaining to state law.

Question 3

Law applied by federal courts in Federal Common Law Cases

Answer 3

When a case implicates one of these areas, the federal courts will apply (and, if need be, create) any existing federal common law and ignore any state law that might otherwise apply.

Question 4

“federal common law” and is generally confined to the following fields of law:
(4)

Answer 4

1. Maritime Law
2. Foreign Relations
3. Commercial Rights and Liabilities of the Fed Gov’t
4. Property Rights and Liabilities of the Fed Gov’t

Question 5

In diversity cases, the law to apply is determined by

Answer 5

The Erie Analysis

Question 6

Steps in the Erie Analysis

Answer 6

For diversity cases
Step 1:
If a valid federal statute or constitutional provision is on point, the federal court must applies it
—Invalid if against constitution or FRCP that modifies a substantive right

Step 2: If There Is No Federal Statutory or Constitutional Law on Point, Do What Would Avoid Unfairness and Forum Shopping (apply Fed Law, unless this would cause forum shopping (choosing Fed for better result) –> state law)

Question 7

How to apply step 2 of Erie Doctrine

Answer 7

If there is no valid federal statutory or constitutional law on point, the federal court should follow its ordinary practices (whether rooted in case law, written policy, informal practice, or simply habit) UNLESS doing so would lead to preference to one court system or another or fundamental unfairness

Question 8

In Step 2 of Erie:

If determined that State law must be apply to avoid unfairness, it is called?

If it is determined that ordinary federal practice should be maintained, then

Answer 8

If state law: after the fact Substantive –> a law that would cause forum shopping

If fed law: procedural after the face

Question 9

For erie, shortcut to remember two types of laws that are normally substantive
(2)

Answer 9

• Statutes of limitations are substantive (state law will control)
• Choice of law rules (state law will control)