Federal and State Court Relations and Provisional Remedies Flashcards
(11 cards)
Erie Doctrine
Choice of law question for federal courts to apply either state law or federal law to resolve a dispute
What should you look out for to see if the Erie doctrine applies
- cases arising in federal district court
- federal court will have to resolve a nonfederal state law claim and
- a conflict must exist between an applicable federal law and a contrary state law provision
If the conflict b/w a federal and state law involves a federal statute, a federal rule of civil procedure, a federal rule of evidence, or the issue of trial by jury, then ?
federal law governs
If the conflict does not involve any federal issues, then?
state law governs where the difference between federal and state law would alter the outcome of the case
A valid judgment entered in state court must be recognized and enforced in?
every other federal and state court
Federal courts are prohibited from enjoining (control) any:
-pending state court actions
- state tax proceedings and
- state criminal prosecutions
Federal courts may abstain from adjudicating any state court issues that involve?
the interpretation of state law or the constitutionality of a state statute
Temporary Restraining Order (TRO)
Emergency order entered by the court for up to 14 days to prevent irreparable harm and to preserve the status quo before a hearing can be held on a preliminary injunction
When can a notice of a TRO be excused?
if the movant shows specific facts resulting in irreparable harm such that notice would not be possible before the harm occurs
Preliminary injunctions may only be granted upon?
notice to the adverse party
Preliminary injunctions are entered for?
to maintain the status quo and to prevent irreparable harm before a trial on the merits can take place
