Crucial Exams

Multistate Bar Examination Practice Question

In a case involving a dispute between two states over water rights to a shared river, the Supreme Court determines the outcome by crafting a judicial rule to govern the allocation of water. Which principle most accurately supports why the court is permitted to create federal common law in this instance?

  • Federal common law is developed in cases where Congress has not provided detailed statutory guidance, leaving courts to create rules in the absence of legislation.

  • The Supreme Court considers interstate compacts approved by Congress and may apply federal common law in cases where disputes are not directly addressed by such compacts.

  • Federal common law helps ensure a consistent legal framework for resolving disputes between states, which falls under the Supreme Court’s original jurisdiction.

  • Federal courts generally apply the law of the state where the dispute arose unless Congress enacts a specific statute to provide a uniform rule of decision.

Multistate Bar Examination
Civil Procedure
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