Assertion: federal court | /r/CapableOf | create federal common law
Facets:
value: in limited circumstances
type: TEMPORAL
value: albeit
type: DEGREE
value: in the form of case law
type: OTHER
Source sentences:
text: Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which in turn was enacted as part of the Constitution or after).
text: Furthermore, in the 1943 case of Clearfield Trust Co. v. United States, the Court recognized that federal courts could still create federal common law, albeit in limited circumstances where federal or Constitutional interests were at stake, Congress had inadequately addressed the situation sub judice, and the application of individual state laws in various jurisdictions would create unacceptable levels of diversity or uncertainty.