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Choosing Conflicting
| Question | Answer |
|---|---|
| 48. ___ provides that "___, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as ___ in civil actions in the courts of the United States, in cases where they apply." | The Rules of Decision Act the laws of the several states rules of decision |
| 49. ___ interpreted the Rules of Decision Act to require federal courts to apply the ___ in cases where state law applied. | Swift v. Tyson general American common law |
| 50. Erie Railroad Co. v. Tompkins reversed Swift v. Tyson, holding that when state law applies in federal court, the federal court must apply the ___. | law of the state in which that federal court sits |
| 51. ___ coined the “___,” which provides that the ___ mandates state law only where it affects substantive rights that are potentially outcome determinative. | Guaranty Trust v. York outcome determinative test Erie Doctrine |
| ___ modified ___, holding that the court should ___ in the case to determine which interests were stronger. ___ further held that one factor of the balancing test is whether state law in question is ___. ___ gives more importance to state laws that ___. | Byrd v. Blue Ridge the outcome determinative test balance state and federal interests Byrd absolutely or definitively outcome determinative Byrd absolutely change the outcome of the case |
| 53. To determine the content of state law in federal court, the Erie Doctrine directs that the court look to ___ and ___. Persuasive (but not binding) authority is found in ___ and ___. Erie also allows courts to make an ___ as to state law. | state statutes decisions from the state's highest court lower state appellate courts federal court opinions on state law educated guess |
| 54. The Rules Enabling Act (28 U.S.C. § 2072) provides the United States Supreme Court may enact the ___, provided that no rule may ___ any substantive right. | Federal Rules of Civil Procedure abridge, enlarge or modify |
| 55. The most prominent Rules Enabling case is ___, which resolves the conflict between the Rules Enabling Act and the ___. | Hanna v. Plumer Erie Doctrine |
| 56. ___ also provides the current version of the ___, holding that if there is no ___ on point, then apply the Byrd test subject to the ___. | Hanna v. Plumer Erie Doctrine Federal Rule of Civil Procedure twin aims of Erie |
| 57. Choice of law is the process by which courts deter mine which ___ will be applied in a case. | state’s or nation’s law |
| 58. Choice of law rules may be ___ or ___. | statutory common law |
| 59. One example of a choice of law statute is Texas Civil Practice and Remedies Code § 71.031, which provides that in wrongful death actions the law of the state ___ will govern. | where the death occurred |
| An example of common law choice of law rule is the TX case of Duncan v. Cessna which holds that TX courts will use the ___ to choose governing law. This rule applies except where there is a ___, or where the action is based on ___ that contains a ___. | most significant relationship test statutory choice of law rule contract valid choice of law clause |
| 61. In federal courts, choice of law for non-federal-question cases is controlled by the choice of law rules of ___. | the state in which the federal court sits |
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longhorn90
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