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Postby Restatement90 » Tue Dec 09, 2014 5:13 pm

Last edited by Restatement90 on Fri Sep 04, 2015 9:43 am, edited 1 time in total.

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Re: Listing Out REA or RDA

Postby cfox17 » Tue Dec 09, 2014 11:18 pm

Depends on how long your exam is and what's actually important in the hypo. So in this case lets say we have a choice of law issue, so you would point to the Erie Doctrine has you stated, I would not even focus on Swift, it's bad law, no need to regurgitate information that you know, and surely she is aware of this if you are applying the Erie doctrine. I jump in to the different tests from the cases, so REA pertains to the rules and "procedure" of the courts, and does not "enlarge, abridge, etc" the laws of the state. Then the RDA deals with substantive state law, and states that any laws that are not in the Constitution, federal statues, etc. you apply state law. Then it depends on the conflict, and type of issue. If it dealt with statute of limitations than it would be a substantive issue and state law would apply. If it is an issue of procedure, and a federal rule of civil procedure governs it then you would apply the federal law, so like the process of service. Just follow the cases and tests.

What I am saying is, focus on applying the correct law and going through the appropriate tests. If you have time, you could put it, but most professors would rather you just correctly spot the issue and apply the correct law, this would then show them you know Swift doesn't apply. So I do not think you would be penalized for not including it, but I do not think it is necessary since if you did not know how to correctly use the Erie doctrine you would just fail that question anyways. Most teachers will not penalize for adding extra information either, as long as its not blatantly wrong, or just blabbing about irrelevant information learned throughout the semester in an attempt to show what you know or remembered. Just focus on the main issues, applying the correct law, and then if you have time, you can add in information as you see fit.

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