Bar Exam Rule Statements Practice Test 2026 - Free Bar Exam Practice Questions and Rule Statements Guide

Under Erie, the key distinction is between laws that affect the outcome of the case (substantive) and rules that govern the conduct of the case itself (procedural). Choice-of-law rules determine which state’s substantive law will apply to the merits—what counts as a claim, what elements must be proven, and what remedies are available. Since deciding which state's law governs the claim can change the substantive duties and remedies, these rules are considered substantive for Erie purposes.

The other options relate to the process of litigation or evidence rather than what governs the claim itself. Burden of proof and rebuttable presumptions concern how the facts will be established within the chosen law, and civil procedure rules govern how the case is brought and tried. Those are procedural or evidentiary, not substantive, under Erie.