Multistate Bar Examination Practice Question

A citizen of State A filed a negligence lawsuit against a citizen of State B in the federal district court for State B. The plaintiff is seeking $100,000 in damages, and the court's jurisdiction is based solely on diversity of citizenship. Under State B's common law, the defendant has the burden of pleading and proving the plaintiff's contributory negligence. There is no specific federal statute on this issue. Which law should the federal court apply to determine the burden of proof for contributory negligence?

  • State A's law applies because the plaintiff is a citizen of State A.

  • The court should apply a federal common law standard, as the Federal Rules of Civil Procedure are silent on the issue.

  • Federal procedural law applies because the burden of proof is a procedural matter.

  • State B's law applies because the burden of proof is considered substantive law for Erie purposes.

Multistate Bar Examination
Civil Procedure
Your Score:
Settings & Objectives
Random Mixed
Questions are selected randomly from all chosen topics, with a preference for those you haven’t seen before. You may see several questions from the same objective or domain in a row.
Rotate by Objective
Questions cycle through each objective or domain in turn, helping you avoid long streaks of questions from the same area. You may see some repeat questions, but the distribution will be more balanced across topics.

Check or uncheck an objective to set which questions you will receive.

Bash, the Crucial Exams Chat Bot
AI Bot