All Preclusion Is State Law
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
17583_bookshop_securities_followup · CIVIL_PROCEDURE · Choice BThe law of the forum state automatically, because all preclusion is state law.
Why it's attractive
The student imports Erie into a federal-question preclusion question. The Gold Key kills the trap.
Why it's wrong
The student imports Erie into a federal-question preclusion question. The Gold Key kills the trap.
17583_bookshop_securities_followup · CIVIL_PROCEDURE · Choice CThe law of whichever state Mary prefers.
Why it's attractive
Preclusion law is fixed by the source of the prior judgment; the plaintiff's preference has no role.
Why it's wrong
Preclusion law is fixed by the source of the prior judgment; the plaintiff's preference has no role.
17583_bookshop_securities_followup · CIVIL_PROCEDURE · Choice DNo law applies until the same judge hears both cases.
Why it's attractive
Preclusion applies across judges and courts. The prior judgment's preclusive effect does not depend on judge identity.
Why it's wrong
Preclusion applies across judges and courts. The prior judgment's preclusive effect does not depend on judge identity.
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