Friday, December 5, 2014

The February 2015 Bar Exam: Federal Civil Procedure Question Analysis

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Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook account, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the first question:

Fred and Jim were involved in a snowmobile accident in New Jersey, while Jim was sightseeing in Atlantic City. Because Jim was injured as a result of Fred’s negligence in the operation of the snowmobile, Jim brought a lawsuit against Fred in Jim’s home state of Florida and had Fred served with process there. Assuming that there are material differences between the substantive laws of New Jersey and Florida, whose law will the Florida court probably apply?

A. Florida will apply its own substantive tort law because the case is pending in Florida.
B. Florida will apply its own choice of law rules in determining whether Florida or New Jersey substantive law should be applied.
C. Because the accident occurred in New Jersey, Florida must apply New Jersey law under the Full Faith and Credit Clause of the Constitution.
D. The trial judge has unfettered discretion to apply New Jersey law or Florida law.

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