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Question 1
The Erie Doctrine applies to cases which are heard in the:
Correct
Incorrect!
Correct The Erie doctrine dictates that state substantive law must be applied in federal courts where the issue involved is a matter of state substantive law.
Incorrect! The Erie doctrine dictates that state substantive law must be applied in federal courts where the issue involved is a matter of state substantive law.
Correct
Incorrect!
Correct
Incorrect!
Question 2
A court, in applying the Erie doctrine, applies state or federal law in which of the following manners?
Correct Under the Erie doctrine, to avoid 'forum shopping,' the substantive law will be the same regardless of whether you are in state or federal court. Therefore, state substantive law will be applied in federal court. However, federal courts do keep their own procedural law, even where the substantive law in the case involves state law, since differing procedural rules will not encourage forum shopping.
Incorrect! Under the Erie doctrine, to avoid 'forum shopping,' the substantive law will be the same regardless of whether you are in state or federal court. Therefore, state substantive law will be applied in federal court. However, federal courts do keep their own procedural law, even where the substantive law in the case involves state law, since differing procedural rules will not encourage forum shopping.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
The Erie doctrine is primarily applicable to cases in which the court has which basis for its jurisdiction over the case?
Correct
Incorrect!
Correct
Incorrect!
Correct The Erie doctrine is primarily applicable to diversity jurisdiction in federal courts. This is because, if the basis for the federal jurisdiction is federal question, the law involved in the case will be the federal law that is the basis for the jurisdiction in any case, not state law.
Incorrect! The Erie doctrine is primarily applicable to diversity jurisdiction in federal courts. This is because, if the basis for the federal jurisdiction is federal question, the law involved in the case will be the federal law that is the basis for the jurisdiction in any case, not state law.
Correct
Incorrect!
Question 4
Mark, a resident of Missouri, is a professional baseball player with the St. Louis Cardinals. On August 15, 2003, the Cardinals are playing the Chicago Cubs in Wrigley Field (in Chicago). During the game, Mark strikes Sammy, the Cubs' outfielder, with the ball in his right eye causing temporary blurred vision. Sammy is unable to play the remainder of the season. Sammy sues Mark in federal court in Chicago for $750,000 in lost compensation and inability to work. Illinois state law provides that Sammy can potentially recover $750,000 for his claims. A federal statute allows for the recovery of $100,000 for lost compensation, but only $25,000 for his inability to work. Which law should the federal court apply?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Under the Erie doctrine, the federal court must apply state law to substantive law claims. Since lost compensation and inability to work are largely substantive laws (laws that create a right or duty), the state law must be applied.
Incorrect! Under the Erie doctrine, the federal court must apply state law to substantive law claims. Since lost compensation and inability to work are largely substantive laws (laws that create a right or duty), the state law must be applied.
Question 5
Danielle, a resident of Florida, is an avid bird watcher. Late one evening (when the sun was setting in the western sky), she was out looking for a rare species of flamingo. Tom, also a resident of Florida, was hunting for mallards. As he was looking out in a westerly direction, he was honing in on a mallard and was attempting to shoot it when, suddenly blinded by the light through his riflescope, he flinched and fired, striking Danielle in the shoulder. Danielle suffered permanent injuries and sued Tom for $80,000 in damages in federal court in Florida. A Florida negligence law limits the recovery for the physical injury to $77,000, while federal negligence law allows for the potential recovery of $80,000. Which law should the federal court apply?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The parties in the lawsuit are both from Florida. Therefore, even though the amount in controversy exceeds $75,000 as required under the 28 U.S.C. '1332, the parties fail to satisfy the requirements for diversity jurisdiction. Therefore, the federal court cannot apply the Erie doctrine; it must dismiss the case. If the two parties resided in different states, then the Erie doctrine would apply.
Incorrect! The parties in the lawsuit are both from Florida. Therefore, even though the amount in controversy exceeds $75,000 as required under the 28 U.S.C. '1332, the parties fail to satisfy the requirements for diversity jurisdiction. Therefore, the federal court cannot apply the Erie doctrine; it must dismiss the case. If the two parties resided in different states, then the Erie doctrine would apply.
Question 6
George, a resident of Las Vegas, is a golf instructor at Desert Holes, a private golf club and hotel. On July 9, 2003, George was giving a lesson to Sophia, a resident of Butte, Montana, who was on a two-week vacation and staying at Desert Holes. George was attempting to show Sophia what a proper swing looked like when he suddenly struck her in the nose and mouth with his 9-iron. Sophia suffered a broken nose that required rhinoplasty and extensive dental work, costing her $90,000. Sophia (who never looked quite the same again) sued George and Desert Holes in negligence and battery in federal court in Montana on September 15, 2003. Federal law requires that an answer to any claims for negligence and battery be filed within 30 days of the date of injury, while Montana state law requires that answers be filed within 90 days of the date of injury. Which law should the court apply?
Correct Under the Erie doctrine, a federal court must apply federal law when the legal issue is based on procedural law. Therefore, the federal law applies.
Incorrect! Under the Erie doctrine, a federal court must apply federal law when the legal issue is based on procedural law. Therefore, the federal law applies.
Correct
Incorrect!
Question 7
Josephine, a resident of Ohio, was visiting her sister in Cleveland, Ohio. On February 2, 2003, she decided to stop in a local coffee shop called Starbrew. Paul, the owner of Starbrew, was operating the espresso machine that afternoon when Josephine ordered a double half-caffeinated latte from him. He brewed the coffee to her specifications, but failed to secure the lid of the steaming drink. When he handed it to her, the lid slipped off and the scalding liquid poured out all over her hand. Josephine suffered a 3rd degree burn on her hand, which required plastic surgery. Josephine sued Paul and Starbrew in federal court in Ohio for $100,000 in damages for her injuries and filed her claim on April 3, 2003. Paul's attorney insisted that there was no merit to Josephine's claim (Paul swore that he fastened the lid securely on the cup) and filed a motion for summary judgment (to essentially dismiss the claim). Paul's attorney filed the motion on July 10, 2003. Ohio state law allows for the recovery of damages for negligence and personal injury up to $100,000. Ohio procedural law also requires that motions for summary judgment be filed within 30 days of the filing of the claim. Federal law allows for the recovery of damages for negligence and personal injury up to $80,000. The federal rules of procedure require that the motion be filed within 60 days of the filing of the claim. Which laws should the federal court apply in Josephine's lawsuit?
Correct
Incorrect!
Correct
Incorrect!
Correct The federal court, in applying the Erie doctrine, must apply state substantive law and federal procedural law. Therefore, the court should apply Ohio negligence and personal injury laws and federal procedural law for filing the motion for summary judgment in Josephine's lawsuit.
Incorrect! The federal court, in applying the Erie doctrine, must apply state substantive law and federal procedural law. Therefore, the court should apply Ohio negligence and personal injury laws and federal procedural law for filing the motion for summary judgment in Josephine's lawsuit.
Correct
Incorrect!
Question 8
Ryan, a resident of Connecticut, was moving into his new apartment in New Haven, Connecticut. Ryan, a struggling concert pianist, enlisted the help of his brothers, Craig and Greg (also from Connecticut) who together were attempting to move his piano up three flights of stairs. Suddenly Greg lost his footing and the piano came hurtling down the stairs, crushing Mary, a resident of Rhode Island who was there visiting her cousin. Mary died as a result of her injuries. Mary's family sues Ryan, Craig and Greg in federal court in Connecticut on June 23, 2003 for negligence and civil claims relating to Mary's wrongful death totaling $200,000. The trial was set to begin on July 5, 2003. An essential party to the case was the landlord of Ryan's building (as Ryan and his brother's defense was that the steps were faulty and was the cause of their dropping the piano). The Connecticut state law dictates that there is a $500,000 limit to recovery for wrongful death claims, however it requires that all parties be "joined" (in other words, all parties necessary to the lawsuit must be formally entered as parties to the lawsuit) at least 15 days before the trial. Federal law provides no recovery for wrongful death but provides for negligence claims up to $100,000. It also requires that all parties be joined at least 45 days before trial. With reference to the negligence and wrongful death claims, which law should be applied?
Correct As stated earlier, the Erie doctrine requires that state law be applied to substantive law claims.
Incorrect! As stated earlier, the Erie doctrine requires that state law be applied to substantive law claims.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 9
Ryan, a resident of Connecticut, was moving into his new apartment in New Haven, Connecticut. Ryan, a struggling concert pianist, enlisted the help of his brothers, Craig and Greg (also from Connecticut) who together were attempting to move his piano up three flights of stairs. Suddenly Greg lost his footing and the piano came hurtling down the stairs, crushing Mary, a resident of Rhode Island who was there visiting her cousin. Mary died as a result of her injuries. Mary's family sues Ryan, Craig and Greg in federal court in Connecticut on June 23, 2003 for negligence and civil claims relating to Mary's wrongful death totaling $200,000. The trial was set to begin on July 5, 2003. An essential party to the case was the landlord of Ryan's building (as Ryan and his brother's defense was that the steps were faulty and was the cause of their dropping the piano). The Connecticut state law dictates that there is a $500,000 limit to recovery for wrongful death claims, however it requires that all parties be "joined" (in other words, all parties necessary to the lawsuit must be formally entered as parties to the lawsuit) at least 15 days before the trial. Federal law provides no recovery for wrongful death but provides for negligence claims up to $100,000. It also requires that all parties be joined at least 45 days before trial. With reference to the issue of joinder of parties, which law should be applied?
Correct
Incorrect!
Correct As state earlier, the Erie doctrine requires that federal law be applied to procedural law claims.
Incorrect! As state earlier, the Erie doctrine requires that federal law be applied to procedural law claims.