Choice of Law: Erie Flashcards
In general, in a FQ JD matter, what jurisdiction’s laws are applied?
In a matter based on FQ, federal procedural law and federal substantive law controls.
In general, in matter based exclusively on DJ, what jurisdiction’s laws are applied?
In a matter based exclusively on DJ, the court must apply state substantive law and applicable federal procedural law.
If a matter is joined using Supp JD, what jurisdiction’s laws are used for the joined matter?
If the court exercises supp JD over a matter, federal procedural law will apply and if the supplemental claim is based on state law, then state substantive law will apply. Otherwise, federal substantive law will apply.
Under Erie, if you are unsure when determing whether an issue is substantive or procedural, and there is a VALID federal law on point and the state and federal laws conflict, how should you address?
If there is a valid federal law on point and state and federal laws conflict, the court will apply federal law as long as the law is valid under the Rules Enabling Clause of the Constitution. The court must ask if the Federal law they seek to apply abridges, enlarges, or modifies any substantive right. If the answer is NO, the court will apply federal law. If the answer is YES, then the court may only apply the federal law if it only incidentally effects a litigant’s substantive rights.
Remember! Erie only applies to DJ matters!
Under Erie, if you are unsure when determing whether an issue is substantive or procedural, and there is NO federal law on point, how should you address?
If there is no valid law on point, the court must apply state law if failure to do so would lead to different outcomes in state and federal court.
In other words, Is the decision on choice of law outcome determinative?
Remember! Erie only applies to DJ matters!
Under Erie what types of issues are procedural and what type are substantive?
Procedural issues include judge/jury allocation, assessment of attorney’s fees, notice
Substantive issues include elements of the claim or defense, statute of limitatioins and tolling provisisons, and burden of proof.
In DJ must the court apply the forum state’s choice of law rules?
A federal court exercising DJ over a matter MUST apply the state’s choice-of-law rules of the state in which the district court is located, but only to the extent that the state rules are valid under the Full Faith and Credit and Due Process Clauses.
