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federal general common law

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 304 U.S. 64 - Erie Co v. Tompkins · 1938Most cited · 39,590 citing opinions

There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a state whether they be local in their nature or 'general,' be they commercial law or a part of the law of torts. And no clause in the Constitution purports to confer such a power upon the federal courts.