4) Law applied by fed courts Flashcards
federal q cases:
just apply the federal law!
fed q cases: ordinary
apply the fed law + precedent
fed q cases: embedded
applies state law to state law issues + fed law to fed law issues
fed q cases: common law
apply fed common law + ignore any state law that might otherwise apply
fed q cases: common law: areas
1) maritime
2) foreign relations
3) commercial rights/liabilities of fed gvt
4) property rights/liabilities fo fed gvt
diversity cases:
Erie!! Court will apply both fed and state law, using this analysis
diversity cases: substantive vs procedural?
follow the Erie analysis.
If Erie says state:
then, it’s substantive
If Erie says federal:
then, it’s procedural
diversity cases: Erie: rule
1) do what fed statute/rule/Const says if valid and on point
2) if no fed statute/const on point, do what avoids unfairness + forum shopping
diversity: Erie: step 1: validity
const = per se valid
fed statute taht violates const = invalid (so then ignore + move to step 2)
diversity: Erie: step 1: validity (special rule)
FRCP
is invalid if:
abridges, enlarges, or modifies a substantive right
BUT note: no rule has ever been held to abridge/enlarge/modify
diversity: Erie: step 1: on-point
do the laws actually conflict? question of interpretation (ex. in SC case, “commence” was not on point for when the lawsuit starts)
diversity: Erie: step 2:
if no valid statutory/con law on point, fed ct should follow its ordinary practices UNLESS doing so would lead to: a preference for one ct sx OR fundamental unfairness
similar analysis for form + unfair
diversity: Erie: 2 things that are always substantive
1) SOL
2) choice of law btwn 2 state laws (which state’s choice of law to use)
(note: UNLESS there is a specific fed statute on point)
