Federal Law In State Courts

Front 1

Federal Law in State Courts

Back 1

1) Testa v. Katt (1947)
2) Dice v. Akron, Canton, Youngstown RR (1952)
3) Brown v. Western Ry. of Alabama (1949)

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When federal law is in State courts

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1) Congress created a statutory cause of action
2) a federally created right when it is interposed as a defense to a claim based on state law
3) presence of some federal interest or policy
4) federal decision law which provides precedents bearing on issues being litigated before the State court in a nonfederal action

Front 3

Testa v. Katt (1947)

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Supremecy Clause
- state is bound by the decisions of hte Union States

Front 4

Dice v. Akron, Canton & Youngstown RR (1952)

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Federal rights affording relief would be defeated if states had the last word
- use of federal law is the only way to achieve uniformity