Civ Pro (Mod: 6-

Question 1

Erie Doctrine Steps:

1. _____________
2. _____________
3. _____________
   A.
   B.
   C.

Answer 1

Erie Doctrine Steps:

1. Is there a federal law that directly conflicts with state law?
2. If no federal law, is the issue “substantive”? (if yes, apply state law; 4 categories of substantive law)
3. If no federal law, and issue is not in 4 categories of substantive law, court must determine if the issue is substantive by weighing 3 factors.

A. Outcome determinative
B. Balance of Interests
C. Avoid forum shopping

Question 2

Per Step #2 of the Erie Doctrine, what issues are deemed “substantive”? (and therefore should have state law applied)

1. _____________
2. _____________
3. _____________
4. _____________

Answer 2

1. Elements of a claim or defense
2. Statute of Limitations
3. Rules for tolling statutes
4. Conflict (or choice) of law rules

Question 3

Plaintiffs may lay venue in any district where:

1. _____________
2. _____________

Answer 3

Plaintiffs may lay venue in any district where:

1. All defendants reside
2. A substantial part of the claim arose

Question 4

Where does a human person reside for venue purposes?

_____________

Answer 4

A person resides in the district where they are domiciled.

Question 5

Where does a business reside?

Answer 5

A business resides in all districts where the business is subject to personal jurisdiction.

Question 6

Transfer sends a case from one trial court to another trial court, so long as the the transferee court:

1. _____________
2. _____________

Exception: A court can transfer to any district, even an improper venue if _____________

Answer 6

Transfer sends a case from one trial court to another trial court, so long as the the transferee court:

1. Is a proper venue
2. Has PJ over the defendant

Exception: A court can transfer to any district, even an improper venue if 1) all parties consent 2) the court finds cause for the transfer