Crucial Exams

Multistate Bar Examination Practice Question

Emily, a resident of State Alpha, files a lawsuit against Beta Industries, a corporation incorporated in State Gamma, in federal court based on diversity jurisdiction. The dispute involves a contract that was signed and to be performed entirely in State Alpha. Under State Alpha law, the statute of frauds requires that certain contracts be in writing to be enforceable. Beta Industries did not provide a written contract. What law should the federal court apply to determine whether Emily's contract is enforceable?

  • Federal common law since the case is being heard in federal court.

  • A combination of State Alpha and State Gamma laws based on the parties' locations.

  • State Gamma law because the defendant is incorporated there.

  • State Alpha law because the contract was signed and to be performed in State Alpha.

Multistate Bar Examination
Civil Procedure
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