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Source Federalism Delaware Bar Exam Topic Index Matched to this deck.

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A federal consumer statute creates a private damages claim and does not make federal jurisdiction exclusive. Delaware superior courts hear comparable state consumer claims, but a state statute directs those courts to dismiss this particular federal claim because the legislature opposes the federal policy.
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The state court must hear the federal claim if it has ordinary jurisdiction over similar state-law claims and no neutral jurisdictional rule applies. The state court may refuse the federal claim unless Congress pays the state judiciary's costs. The state court must hear the federal claim only if the governor consents. The state court may refuse the federal claim whenever the federal statute creates a private right of action.

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