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Simple English definitions for legal terms

federal common law

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A quick definition of federal common law:

Federal common law is a type of law that comes from court decisions instead of written laws. It applies to cases that involve federal issues, like disputes between states or foreign relations. It is different from state laws and is used to fill in gaps where there are no written laws. Before 1938, there was also a general federal common law that applied to all cases heard in federal court, but now federal courts must follow the laws of the state they are in.

A more thorough explanation:

Definition: Federal common law is a body of decisional law derived from federal courts when adjudicating federal questions and other matters of federal concern, such as disputes between the states and foreign relations, but excluding all cases governed by state law.

For example, nonstatutory law applying to interstate streams of commerce is an example of federal common law. This means that federal courts can create laws based on their decisions in cases that involve federal issues, even if there is no specific statute or constitution that addresses the issue.

Before the landmark case of Erie v. Tompkins in 1938, there was also a general federal common law that applied to all disputes heard in federal court. However, since Erie, federal courts are bound to apply the substantive law of the state in which they sit. Therefore, there is no longer a general federal common law applicable to all disputes heard in federal court.

In summary, federal common law is a body of law created by federal courts when adjudicating federal questions and other matters of federal concern, excluding cases governed by state law.

federal-comity doctrine | Federal Computer Fraud and Abuse Act

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