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Source Case Analysis Complete MPT and Lawyering Skills List Showing the closest available flashcard practice.

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0 tracked cards Constitutional Law

A federal consumer statute creates a private damages action and allows suit in state or federal court. State courts in State D hear comparable state consumer-protection claims, but a State D statute instructs its courts to dismiss all claims created by this federal statute because the state legislature opposes the federal policy. A consumer files the federal claim in State D trial court.
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The state court generally may not discriminate against a federal cause of action when it has ordinary jurisdiction over comparable state-law claims, because the Supremacy Clause binds state judges. The state court may refuse the case if the state legislature dislikes the federal policy. The state court must hear the case only if Congress pays the state judge's salary for the time spent on the case. The state court must dismiss the case because the Tenth Amendment gives states exclusive control over their judicial dockets.

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