MisconceptionObserved in bank
Federal Defenses Always Win
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
14090_federal_military_property_duty_defense · CIVIL_PROCEDURE · Choice ANo, because the Erie decision ended the use of federal common law in diversity cases.
Why it's wrong
Choice A is not the credited answer for this item.
14090_federal_military_property_duty_defense · CIVIL_PROCEDURE · Choice BYes, because Ruth's claim is automatically preempted by a federal defense.
Why it's wrong
Choice B is not the credited answer for this item.
14090_federal_military_property_duty_defense · CIVIL_PROCEDURE · Choice DNo, because federal choice-of-law rules require application of State A tort law, which provides Ruth a valid claim.
Why it's wrong
Choice D is not the credited answer for this item.
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