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Choosing Conflicting

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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  
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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  
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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  
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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  
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___ 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  
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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  
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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  
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55. The most prominent Rules Enabling case is ___, which resolves the conflict between the Rules Enabling Act and the ___.   Hanna v. Plumer Erie Doctrine  
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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  
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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  
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58. Choice of law rules may be ___ or ___.   statutory common law  
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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  
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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  
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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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Created by: longhorn90
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