CO Bar Practice Questions - Colorado Bar Examination Exam

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In a federal diversity action governed by Colorado substantive law, the parties dispute whether a state statute of limitations or the more generous federal common-law tolling rule applies. Which governs?

The federal tolling rule, because federal courts apply federal procedure Whichever rule the federal judge believes is fairer Neither; the court must certify the question to the Colorado Supreme Court The Colorado statute of limitations, because it is substantive under Erie

Correct Answer:

The Colorado statute of limitations, because it is substantive under Erie

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