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10 Cards in this Set
- Front
- Back
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What is the Erie Doctrine?
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If the conflict between federal and state law involves a Federal Statute, a Federal Rule of Civil Procedure, a Federal Rule of Evidence or the issue of Trial by Jury, Federal Law Governs. |
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When will Federal Law govern when there is a conflict of laws? (3)
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If the conflict between federal and state law involves 1. a Federal Statute, 2. a Federal Rule of (Civil Procedure or Evidence)or 3. the issue of Trial by Jury |
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When will state law govern for conflicts of law? (2)
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1. the conflict does not involve the Erie issues ( a Federal Statute, a Federal Rule of Civil Procedure, a Federal Rule of Evidence or the issue of Trial by Jury); and 2. difference between laws would alter the outcome of the case (will always alter on the exam) |
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What is Full Faith and Credit? |
Means A federal court MUST recognize and enforce every valid judgment entered by another federal court or a state court.
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What are the three types of actions federal courts are prohibited from enjoining?
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Pending state court: 1. civil actions 2. tax preceding 3. criminal prosecutions |
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When may a federal court abstain from interpreting state law?
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May act in DEFERENCE to the PENDING sate court action and MAY stay its own action until a state court has had a chance to resolve those issues.
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What are the two types of provisional remedies?
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1. TRO 2. Preliminary Injunction |
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What is a TRO?
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EMERGENCY order by the court for 14 days to prevent irreparable harm and preserve the status quo pending a hearing on an emergency injunction.
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What is the notice requirement for a TRO?
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No notice is require if it would be impossible to provide notice before the harm occurs.
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What is a Preliminary Injunction? |
Granted only upon notice to the adversary and is to maintain the status quo pending a trial on the merits.
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