Civ Pro (Erie; Law Applied by Federal Courts) Flashcards
1
Q
the Erie doctrine requires…
A
federal courts sitting in diversity jurisdiction to apply the substantive law of the state, and federal procedural law.
2
Q
When there is a federal law on point, the federal law should govern if it is
A
“arguably procedural.”
3
Q
Under the Outcome Determinative Test…
A
If a state rule, when applied, would change the outcome of the case –> apply state law over federal law
4
Q
Policy behind Outcome Determinative Test
A
If P’s dont like the state’s substantive law, they will FORUM SHOP and go to other jurisdictions
