Q3.What
led the Supreme Court to overrule Swift v. Tyson?What are the "defects, political and social," that Brandeis
sees in Swift?(Choose the
best answer)
Historical research showed that the framers did
not mean for the Rules of Decision Act to be interpreted so narrowly.The Court concluded that the original interpretation in Swift
was simply wrong.
The doctrine promoted discrimination by
non-citizens against citizens.
First, Swift resulted in "grave
discrimination" in results between litigants who could sue in
federal court and other persons who could not do so because they could
not meet the requirements for diversity jurisdiction.Second, Swift encouraged "forum shopping" by persons
who could sue in either State or federal court to take advantage of
the "discrimination."Third, in an attempt to promote uniformity of the law
throughout the country, Swift actually prevented uniformity of
the law in a single state by allowing federal-state conflicts.
Question 3
