24 State Law in Federal Courts - Erie Doctrine Flashcards
1
Q
vertical choice of law
A
when federal court uses state law
2
Q
Rules of Decision Act - 1789
A
Laws of states…shall be rules of decision in civil actions in courts of the US.
3
Q
Swift doctorine
A
Interpreted rules of decision act as federal court must only use the state legislative law, not state common law. Basically, allowed existence of federal common law
4
Q
Erie Doctrine
A
federal courts exercising diversity jurisdiction must apply state substantive law in areas not delegated to federal government
substantive law = law that changes the outcome of a case
