...because of the broad difference between the topography of the British island and the American Continent. or provide, shall be regarded as rules of decision...the United States in cases where they apply." " In construing this statute, the Supreme Court has said: "Except in matters governed by the Federal Constitution...

...statutes of the United States shall otherwise require or provide, shall be regarded as the rules of decision in trials at common law in the courts of the United States in cases where they apply ; and whereas by the laws of Virginia it is provided that in cases not capital the offender shall not...

...Committee.90 4. Federal Rules of Civil Procedure. Section 34 of the Judiciary Act of 1789 provided: That the laws of the several states, except where...courts of the United States in cases where they apply." This "Rules of Decision Act" left it unclear whether state law was to govern procedure. The problem...

...the United States shall otherwise require or provide, shall be regarded as rules of decission in the trials at common law in the courts of the United States in cases where they apply.2 1 . Ellsworth wrote this phrase in the margin and then crossed it out. It appears to represent...

...balancing state and federal interests better than section 34. The section stipulated, simply enough, [t]hat the laws of the several States except where...Courts of the United States in cases where they apply While the First Congress may well have intended "laws of the several states" merely as a shorthand...

...forum.206 ™See Judiciary Act of Sept. 24, 1789, § 34, 1 Stat. 73, 92, codified at 28 USC § 725 ("[T]he laws of the several states, except where the...of the United States in cases where they apply"); Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 HARV. L. REV. 49 (1924)....

...forum.206 200 See Judiciary Act of Sept. 24, 1789, § 34, 1 Stat. 73, 92, codified at 28 USC § 725 C[T]he laws of the several states, except where the constitution,...of the United States in cases where they apply"); Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 HARV. L. REV. 49 (1924)....

...Historical Library of Swarthmore College, Swarthmore, Pennsylvania. sent out for examination. Section 34 provides "that the laws of the several states, except...courts of the United States in cases where they apply." 1 Stat. 92. Without getting into the myriad interpretations and applications of this section throughout...

...11842). 1" See Judiciary Act of Sept 24, 1789. 5 34, I Stat. 73. 92. codified at 28 USC § 725 1'[T]he laws of the several states, except where the constitution,...of the United States in cases where they apply"); Charles Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 Harv. L. Rev. 49...

...interpretation of section 34 of the Judiciary Act of 1789, "that the laws of the several States . . . shall be regarded as rules of decision in trials at common...of the United States, in cases where they apply," and in particular whether the "laws of the several States" includes precedents of their courts, even...