WA Bar Practice Questions - Washington Bar Examination (NextGen UBE) Exam

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A plaintiff sues in federal district court in Washington under diversity jurisdiction, raising a state-law negligence claim. The federal and Washington courts apply different rules on the burden of proof for an affirmative defense. Which rule must the federal court apply?

The federal rule, because federal courts always apply federal procedural law The rule of the state where the plaintiff resides Either rule at the judge's discretion The Washington rule, because under Erie a federal court sitting in diversity applies state substantive law

Correct Answer:

The Washington rule, because under Erie a federal court sitting in diversity applies state substantive law

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