Q1

Question 1

When should a Federal Court follow state laws? (Erie problem)

Answer 1

In a case where there is a true Erie problem
- IF an “affirmative answer” can be made to either OR both questions presented in the “twin-aims” analysis

Question 2

When should a Federal Court follow Federal common law rules? (Erie problem)

Answer 2

In a case where there is a true Erie problem
- IF the “twin-aims” analysis yields no clear affirmative answer to either question

(THEN) the court may apply the federal common law rule
- WHEN it relates to the judge-jury relationship AND
- supports the 7th Amendment’s obligations in regard to a jury trial

Question 3

When should a state court follow the Federal Rules of Civil Procedure?

Answer 3

If the Federal Rule is valid = the Federal Rule preempts any state rule with which it inescapably conflicts

Question 4

Federal Common Law Rule

Answer 4

= judge made rule or practice of long standing

Question 5

Federal Rules of Civil Procedure

Answer 5

=

Question 6

Erie problem
- When do we have a true Erie problem?

Answer 6

= were a conflict exists between a federal common law rule and a state law

Question 7

Erie problem
- What must a court consider in a in a true Erie problem?

Answer 7

The court must consider the “twin aims” test

Question 8

Hanna decision

Answer 8

= a court must ask whether application of the federal rule would cause
- forum shopping OR
- inequitable administration of the laws

(IF) an “affirmative answer” can be made to either OR both questions
(THEN) the state law should be applies

(NOT) if the “twin-aims” analysis yields no clear affirmative answer to either question
(THEN) the court may apply the federal common law rule
- when it relates to the judge-jury relationship AND
- supports the 7th Amendment’s obligations in regard to a jury trial

Question 9

In a case where there is a true Erie problem, what follows when the “twin-aims” analysis yields no clear affirmative answer to either question?

Answer 9

IF the “twin-aims” analysis yields no clear affirmative answer to either question

(THEN) the court may apply the federal common law rule
- WHEN it relates to the judge-jury relationship AND
- supports the 7th Amendment’s obligations in regard to a jury trial

Question 10

In a case where there is a true Erie problem, what follows if an affirmative answer can be made to either or both questions presented in the “twin-aims” analysis?

Answer 10

IF an “affirmative answer” can be made to either OR both questions

(THEN) the state law should be applied

Question 11

Issue in an Erie problem hypo

Answer 11

Should a court follow a tort rule included in a state’s body of procedural rules?

(1) When it conflicts with a federal common law rule, or
(2) when it appears to conflict with a Federal Rule of Civil Procedure

Question 12

When is a Federal Rule “valid”?

Answer 12

when the Federal Rule is
- within Congress’s constitutional power to enact and
- does not run afoul of the Rules Enabling Act

Key: effect of a Federal Rule being “valid”
= that Federal Rule preempts (displaces) any state rule with which it inescapably conflicts

Question 13

When does a Preemption Issue arise?

Answer 13

= arises most frequently when the federal law involved in an Erie problem is found in the Federal Rules of Civil Procedure

Key: (in Q) “P opposes this motion and contends… Federal Rules of Civil Procedure prohibits…”
= (in A) “Preemption issue arises”

Question 14

When does a Federal Rule preempt any state rule with which it inescapably conflicts?

Answer 14

If the Federal Rule is valid - that is, within Congress’s constitutional power to enact and does not run afoul of the Rules Enabling Act

Question 15

When does a rule included in a state’s body of procedural rules conflict with a federal common law rule?

Answer 15

In Q: P opposes motion and contends “A federal common law rule (judge-made rule or practice) of long standing prohibits the imposition of…”

Question 16

When does a rule included in a state’s body of procedural rules appear to conflict with a Federal Rule of Civil Procedure?

Answer 16

In Q: P opposes motion and contends “ Rule__ of the Federal Rules of Civil Procedure prohibits, and thereby preempts, the ______ or, in the alternative, it gives a federal judge the discretion to decide whether…”

Question 17

“twin-aims” test

Answer 17

used to analyze whether a federal court should apply the state law or may apply the federal common law rule