Question

In which scenario does the court act properly in applying the law?

When a waitress in Virginia sues her employer over unsafe working conditions, the state court judge applies the laws of Virginia, even though federal regulations governing workplace safety are more stringent than those of the state.

a)The judge is correct in applying state laws.
b)The judge should apply federal regulations.
c)Both state and federal laws should be considered equally.
d)The case should be dismissed.

Answer 1

In scenarios with no federal questions involved, a state court judge should apply state laws. Federal courts hear cases with federal questions or constitutional rights issues.

Step-by-step explanation:

In the given scenario where a waitress in Virginia sues her employer over unsafe working conditions, the correct approach by the state court judge would be to apply the laws of Virginia if the case does not involve a federal question or constitutional rights. Federal courts normally hear cases that involve federal questions, which could include violations of federal statutes or constitutional rights. Issues of federal law might start in state courts and move to federal courts on appeal.

However, if the case is purely a matter of state law and does not present a federal question, the state court would not be in error for applying state law, provided that the federal law does not preempt state law in the given context.