Multistate Bar Examination Practice Question

In a diversity case filed in federal court, the plaintiff seeks damages for breach of contract. The defendant argues that the plaintiff’s claim is barred by a state statute that prohibits recovery if the plaintiff failed to provide written notice of the alleged breach within 30 days of the breach occurring. Federal procedural rules, however, do not impose such a notice requirement. How should the federal court determine whether to apply the state statute or the federal rule?

  • The court should apply the state statute because state laws govern aspects of the contract claims in federal court.

  • The court should apply the federal rule because federal procedural rules typically take precedence over state laws in federal courts.

  • The court should apply the federal rule because the Rules Enabling Act prohibits using state rules in federal courts.

  • The court should apply the state statute if failing to do so would create an unfair advantage for one party based on forum selection.

Multistate Bar Examination
Civil Procedure
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