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Unformatted text preview: NY federal court would do the same. The trial court stated, that they only have to follow the PAs state law, and constitution, and they dont have to follow the PAs courts holdings. The USSC stated: 1) The federal courts do not have to apply the general law, but okay sooo confused 2) There is defects in the doctrine 3) No such thing as a federal general common law. 4) The courts just messed up. Holding: Reversed, holding the federal court cannot use the federal general common law to make a holding on the case. Synthesis: Dramatic in 2 respects. 1) That the law in swift v. Taylor meant to include the states court decisions. 2) Federal court does not have the power to create federal general common law (period!). Dissent/Concurrences: Justice Reed concurs: Court went a little too far by saying it was unconstitutional. They could have just use erroneous....
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This note was uploaded on 12/20/2011 for the course CIV PRO 141 taught by Professor Daucher during the Fall '11 term at Western State Colorado University .
- Fall '11