Mbe Civil Procedure: Erie & Injunctions Actual Exam Latest Version Questions And Accurate Answers Verified

MBE Civil Procedure: Erie & Injunctions Actual Exam Latest version questions and accurate answers verified complete document for study NEWEST!! Q1 What is the Erie doctrine? A Mandates that when there is diversity jurisdiction, federal courts must apply: State substantive law; and Federal procedural law Landmark case Erie Railroad Co. v. Tompkins (1938) 2 Q What law applies when there is federal question jurisdiction? A Federal laws. The Erie Doctrine only applies in diversity jurisdiction, not federal question jurisdiction. 3Q Whats the difference between procedural and substantive law? A Procedural: Laws that provide the process by which a case will progress. Examples include methods of serving process or time limits for filing motions. Substantive: Laws that provide a right. Examples include laws that impose a duty of care. Note: Some laws, such as a statutes of limitations, fall in a grey area between the two. These laws are where most issues with the Erie Doctrine reside. The status of such statutes is dependent on the outcome determinative test (Step 2). 4 Q In a diversity jurisdiction case, assuming state common law and federal law conflict, what is the first step in Erie analysis? A Determine the law behind the primary