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Choosing Conflicting

QuestionAnswer
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
Created by: longhorn90
 

 



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