Multiple Choice - Erie - Multiple Choice Erie 1. Prior to...

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Multiple Choice – Erie 1. Prior to Erie (under Swift v Tyson) – A Boston Red Sox fan (citizen of Mass) is attacked at Yankee Stadium by a Yankee fan (citizen of NY). The Red Sox fan sues the Yankee fan in federal court in NY. NY decisional law provides for limited recovery based upon battery committed in the excitement of a sporting event. The Red Sox fan argues that federal general common law should apply. A. The Rules of Decision Act, as interpreted by Justice Story in Swift v Tyson would require the Federal court to apply NY law to the Red Sox fan’s claim. B. Under Swift v Tyson, the federal court would apply NY decisional law to the Red Sox fan’s claim, because its jurisdiction was based on diversity. C. The Rules of Decision Act, as interpreted by Justice Story, would require the federal judge to apply federal law to the Red Sox fan’s claim. D. None of the above is true. 2. Prior to Erie (under Swift v Tyson) – The New York Yankees (citizen of New York) sue the Los Angeles Dodgers (citizen of California) in state court in New York for stealing Joe Torre, the Yankee manager. The Dodgers remove the case to federal court in NY. NY state courts have held that a team was entitled to treble damages if its manager was stolen. The federal court would: A. apply NY law, because the case was brought originally in a NY court. B. apply NY law, under the Rules of Decision Act C. apply NY law, because the disputed events took place in NY D. apply federal general common law, under Swift 3. Assume the same facts and choices as in #2 except that it was a NY state statute that provided for treble damages. B 4. After Erie – The same facts as described in #2 but in 2007 instead of prior to Erie. The federal court will apply: A. federal general common law on the treble damages issue, since the case has been removed to federal
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Multiple Choice - Erie - Multiple Choice Erie 1. Prior to...

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