6. Erie Doctrine

Question 1

What type of issues should federal procedural law be applied to?

Answer 1

Constitution

Federal Statute

Federal Rules of Civil Procedure

• Venue
• Service of process
• Pleadings
• Motions
• Parties
• Joinder
• Class actions
• PJ
• SMJ
• Discovery
• Trial
• Judgment (claim/issue preclusion)

Question 2

What type of issues should state substantive law be applied to (Erie doctrine)?

Answer 2

Substantive issues

• Conflict of laws (Klaxon Doctrine)
• Elements of claim/defence
• Clear jury verdict
• SoL
• Burden of proof

Substantive/Procedural issues

• Outcome determinative test (Issue substantially affects outcome)
• Balance of interests test (State has more interest - Collateral estoppel, remittitur, additur, notice of claim)
• Forum shopping deterrence (Not applying state substantive law would increase litigation in federal court)

Question 3

What type of cases should Erie doctrine apply to?

Answer 3

Diversity of citizenship cases (Federal court)

Question 4

What type of issues should federal courts create and apply substantive laws (Federal Common Law) to?

Answer 4

Constitution/Federal statute interpretation

Congress’ implied/express authorisation

• Admiralty
• State disputes
• US’s rights/obligations
• US v Country dispute

Question 5

Does transfer in venue change the applicable law?

Answer 5

No

- Must apply original venue’s (transferor) law