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Flashcards in Sources of Law- Erie Deck (24):
1

What substantive and what procedural law do Federal Courts apply in diversity cases?

State Substantive
Federal Procedural

2

Klaxon

Choice of Laws
The Federal Court uses the state substantive law for the state in which it sits

3

Swift- what was it about, and what rule do we get

bill of exchange in New York
Rule- only apply state law when a statute exists, or the law is based on positive, fixed, and ancient local usage
Here it was not, so they applied general law, so the Federal Court's had free reign

4

Erie- What was it about and what is the rule

Pennsylvania citizen injured by a train
Overrules Swift and tells Federal Courts to apply state laws if they will cause a party to forum shop, or discriminates against the forum citizen.

5

Dunlap

burden of proof rules are not purely procedural, may be bound-up or substantive

6

Sibbach

divided the world into substantive and procedural rules held Rule 35 of FRCP to be strictly procedural

7

Palmer

Contributory negligence case
Rule 8(c) only involves pleadings and so state law on burden of proof governs

8

Guaranty Trust

Statutes of Limitations question
Gives us the outcome determinative test
If the failure of applying a state law significantly alters the out come of the case then, the state law must be applied
statutes of limitations alter and therefore should be applied

9

Murphee

Rule 4(f) under Rules Enabling Act
Upheld Rule 4(f) as the outcome determinative test was not concerned with incidental effects

10

Ragan

Statute of Limitations- stops at service or filing of complaint case
court did not answer if FRCP 3 applied but decided that the state statutes of limitations law was applicable

11

Woods

Statute closing door to foreign corporations who didn't meet certain standards of contact, stat law up held

12

Cohen

providing of security for relief of shareholder of less than 5%
Found Rule 23 did not conflict with the requirement

13

Bernhart

arbitration clause and state law invalidated it
Court found this would substantially alter the outcome

14

Byrd

workmen's compensation case
gives us the three types on laws under RDA
also gives countervailing federal interests to weigh against the Erie twin aims

15

Van Dusen

if transferred under 1404 then the transferee court must apply the conflict of laws of the original court

16

Hanna

personal injuries from an auto accident
tells us to ask if the rule under REA abridge, enlarges or modifies a substantive right

17

Burlington Northern

penalty for staying judgment for unsucessful appeal
Gives the test for REA under Hanna
Question if the effect is on a substantive right, or only an incidental effect and weigh that against maintaining a uniform system

18

Stewart Organization

forum selection clause
read 1404 broadly to apply to the clause

19

Ferens

van dusen rule applies when the plaintiff makes the transfer as well

20

Chambers

seeking specific performance of a contract
under hanna as long as the application of the federal rule does not violate the twin aims of Erie it can be applied

21

Business Guides

to overcome the presumptive validity of REA you must show that the Burlington Northern test has been violated

22

Gasperini

photo-journalist whose photo got destroyed
excessive jury verdict what standard counts
both can be applied so they will go with the federal rule which still protects the interests of New York

23

Semtek

SOL case
became barred under Cal SOL so plaintiff retried in Maryland
concludes that the scope of the Federal rules is governed by Federal common law

24

Shady Grove

Scalia's Really Procedural Test
the only question that needs to be asked is if the rule is truly Procedural