I cannot understand this - Themis is telling me that for choice of law the analysis is as such:
1. IS there a conflict between state and fed law?
2. If so, is there a specific federal law on point? If so, use it.
3. If not, use the outcome determinative test to see whether it is a substance or procedure issue.
4. If substance, use state, if procedure, use fed
Is this correct?
If this is correct that means we use fed law over state law on BOTH substantive AND procedural issues (as long as it is on point)
This goes against everything I learned, because in all the other lectures and outlines they kept saying "state for substsance state for substance!" there is even a quote in the outline "In a diversity action, the district court is required to apply the substantive law of the state in which the district court is located"
This seems totally contradictory
Choice of Law confusion Forum
Forum rules
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
-
BVest
- Posts: 7887
- Joined: Tue Mar 20, 2012 1:51 pm
