MBE Practice Questions - Multistate Bar Examination Exam

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In a diversity action filed in federal district court in California, the defendant moves for summary judgment. The substantive cause of action is governed by California law. The defendant argues that the California state-court summary-judgment standard, which is more plaintiff-friendly than the federal Rule 56 standard, should apply. How should the court rule on which standard applies?

Apply the California state summary-judgment standard because Erie requires federal courts to apply state procedural rules in diversity cases. Apply the federal Rule 56 standard because Rule 56 is a valid Federal Rule of Civil Procedure that controls over conflicting state procedural rules. Apply whichever standard is more favorable to the moving party. Apply the California standard for the elements of the claim but the federal standard for the burden of proof.

Correct Answer:

Apply the federal Rule 56 standard because Rule 56 is a valid Federal Rule of Civil Procedure that controls over conflicting state procedural rules.

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