Also known as: state laws
Written by attorneys · grounded in primary & secondary sources — see below
A body of law in a particular state consisting of the state's constitution, statutes, regulations, and common law. It supplies the rules of decision in matters not governed by federal law.
Selena Singh borrowed from Summit Bank and later prepaid the full mortgage debt on her home. The bank recorded a satisfaction of mortgage in the county records. Under state law the mortgage was discharged and title cleared once the obligation was satisfied.
Sasha Stone sued Stonehaven Properties in federal court under state-law claims for breach of a real-estate contract. The defendant challenged the competency of a key eyewitness. State law governed the witness's competency because the claim arose under state law.
Simone Sanders sued in federal court after a state-law tort claim was removed. No federal rule addressed the precise procedural issue. The court weighed state and federal interests to decide whether to apply state law or federal practice.
Select any source to read its text and confirm it supports the definition.
Santiago Sanchez sought to adopt his partner's child. The biological father had never married the mother and had minimal contact. State law determined whether the father's consent was required before the adoption could proceed.
Skylar Sullivan and her spouse arranged for a gestational surrogate to carry their child. After birth a dispute arose over legal parentage. Applicable state law supplied the rule for determining parentage of the child conceived by assisted reproduction.
Solomon Silver's property was sold at foreclosure for less than the mortgage debt. Spectrum Financial sought a deficiency judgment. State law governed whether the lender could recover the shortfall from the borrower.
Federal courts apply state law to claims or defenses for which state law supplies the rule of decision, including witness competency and the effect of presumptions. The choice follows the Erie doctrine when no federal statute or rule controls.
State law determines when payment discharges a mortgage and whether a lender may obtain a deficiency judgment after a foreclosure sale yields less than the debt. Recording the satisfaction clears title under those rules.
State law decides whether a biological parent's consent is required, when it may be waived, and whether an unmarried father's consent is necessary. Courts apply the situs state's rules to these family-law questions.
State law supplies the rules for establishing parentage of a child born to a gestational or genetic surrogate. Courts look to the applicable state's parentage statutes rather than uniform federal standards.
…AMA councils and committees; "the remarkable shift in testimony" in six months, felt to be influenced "by the rapid changes in state laws and by the judicial decisions which tend to make abortion more freely available;" and a feeling "that this trend will continue." On June 25, 1970, the House of Delegates adopted preambles…