SC Bar Practice Questions - South Carolina Bar Examination Exam

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In a federal diversity action filed in the District of South Carolina, the court must decide whether to apply state or federal law to a question of the burden of proof. Under the Erie doctrine, which law governs?

Federal law, because burden of proof is procedural Whichever law the parties stipulate to in the pretrial order Federal common law developed for diversity cases South Carolina substantive law, because allocation of the burden of proof is outcome-determinative

Correct Answer:

South Carolina substantive law, because allocation of the burden of proof is outcome-determinative

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