Choice of Law : The Erie Doctrine Flashcards
1
Q
Choice of Law - 1. General Rule
A
Choice of Law - 1. General Rule
- Rule - when federal courts hear state claims, the apply state substantive law
- most common in diversity cases
- also when federal court hearing a federal claimchooses to hear a related state claim arising from the same facts - supplemental jx
2
Q
Choice of Law - 2. State Substantive Law
A
Choice of Law - 2. State Substantive Law
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Rule - state substantive law includes:
- substnative rules on what must be provided to win a case and what defenses may be asserted
- statutes of limitation on state causes of action
- the burdens of proof of state claims or defenses; and
- state rules on choice of law
3
Q
Choice of Law - 3. Federal Procedures
A
Choice of Law - 3. Federal Procedures
- Rule - anything covered by the federal rules of procedure is procedural
- FRCP always apply in federal court, even for adjudication of state-law claims
4
Q
Choice of Law - 4. No Federal Statute or Rule on Point
A
Choice of Law - 4. No Federal Statute or Rule on Point
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Rule - when there is no federal rule or statute on point, then the court must determine whether the matter is substantive or procedural by consulting the twin aims of erie:
- to avoid forum shooping
- to avoid the inequttable administration of justice
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Two Common Applications of Erie
- Result Change - if the choice of the procedure would change the result, the federal court should usually apply sate law to prevent forum shopping
- Jury - role of the jruy in federal court is always determined by federal law
5
Q
Choice of Law -5. Federal Common Law
A
Choice of Law -5. Federal Common Law
- Definied - judge made federal law
- Function - overrides inconsistent state or local law
- Rule - federal courts make federal common law only when they encounter important federal interests that are not covered by statute
- Ex: federal common law applies to
- boundary dispute between states
- claim preclusion
6
Q
Choice of Law - 6. Determining Applicable State Law
A
Choice of Law - 6. Determining Applicable State Law
- Follow precedent from the highest court
- if there is no precedent, predict how the highest state court would rule
- gives respectful attetnion to the decisions of lower state courts
