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Statutes and Constitutional Provisions
This reading begins a new module. We are no longer concerned directly with the power of a court to hear a case. Instead, we will discuss the law that applies in the federal district courts assuming that they do have power to hear the case. Specifically, we will discuss diversity lawsuits, and the choice between federal law and the law of some state.
In Class 5, we discussed "horizontal" choice of law, meaning the (state) law applicable when the transaction giving rise to the lawsuit crossed a state boundary, so there was more than one state whose law might apply. Now, we will discuss for what issues a federal court sitting in diversity should use state law, and for what issues it should use federal law.
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