1738 Discriminator Between State Court And Federal Court Judgments
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
17704_fender_shepherd · CIVIL_PROCEDURE · Choice AState B preclusion law, because the second case is pending there.
Why it's attractive
The 'always' + 'because the second case is pending there' is a tiered_absolute overclaim. Preclusion law does not follow the forum; it follows the rendering court.
Why it's wrong
The 'always' + 'because the second case is pending there' is a tiered_absolute overclaim. Preclusion law does not follow the forum; it follows the rendering court.
17704_fender_shepherd · CIVIL_PROCEDURE · Choice BNo preclusion law applies unless both cases are in the same court.
Why it's attractive
The 'unless both cases are in the same court' condition is a fabricated rule. § 1738 expressly operates across courts and gives state-court judgments preclusive effect in federal court.
Why it's wrong
The 'unless both cases are in the same court' condition is a fabricated rule. § 1738 expressly operates across courts and gives state-court judgments preclusive effect in federal court.
17704_fender_shepherd · CIVIL_PROCEDURE · Choice DFederal preclusion law always, because the second court is federal.
Why it's attractive
The 'always' is a tiered_absolute overclaim. The second court's federal character is irrelevant when the prior judgment is state-court; § 1738 / Semtek directs the federal court to use the rendering state's preclusion law. Federal common law of preclusion is the residual rule only for federal-court judgments.
Why it's wrong
The 'always' is a tiered_absolute overclaim. The second court's federal character is irrelevant when the prior judgment is state-court; § 1738 / Semtek directs the federal court to use the rendering state's preclusion law. Federal common law of preclusion is the residual rule only for federal-court judgments.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →