Civil Procedure: Erie & Injunctions Flashcards
What is the Erie doctrine?
Mandates that when there is diversity jurisdiction, federal courts must apply:* State substantive law; and* Federal procedural law
What law applies when there is federal question jurisdiction?
Federal laws.
The Erie Doctrine only applies in diversity jurisdiction, not federal question jurisdiction.
What’s the difference between procedural and substantive law?
Procedural: Laws that provide the process by which a case will progress. Examples include methods of serving process or time limits for filing motions.Substantive: Laws that provide a right. Examples include laws that impose a duty of care.## Footnote
⚠️ Note: Some laws, such as a statutes of limitations, fall in a grey area between the two. These laws are where most issues with the Erie Doctrine reside. The status of such statutes is dependent on the outcome determinative test (Step 2).
In a diversity jurisdiction case, assuming state common law and federal law conflict, what is the first step in Erie analysis?
Determine the law behind the primary issue, and determine whether the law is procedural, substantive, or something in the middle.## Footnote* If the issue is substantive, apply state law.* If the law is procedural, apply federal law.* If the law is something in the middle, proceed to step two.
For Erie analysis, if the law is something in the middle and there is no federal law on point, how do you determine which law to apply?
Ask:1. Outcome determinative test: Does the choice of law impact the outcome of the case? If so, apply state law. 2. Forum shopping: Would failing to apply the state law encourage people to litigate in federal court? If so, apply state law. 3. Balance of interests: Does the state have a greater interest in having its own law applied than the federal law? If so, apply the state law. If not, probably apply federal.
Generally, for what type of rules will the balance of interests fall in favor of the state?
⚠️These are also referred to as “strong state policy” rules.
- Remittur* Additur* Notice of claim requirements* Issue preclusion rules
As a general rule, are choice of law rules substantive or procedural?
Substantive
As a general rule, are statutes of limitations substantive or procedural?
Substantive
As a general rule, are elements of a crime or case substantive or procedural?
Substantive
As a general rule, are burdens of proof substantive or procedural?
Substantive
As a general rule, are rules regarding attorney’s fees substantive or procedural?
Procedural
What laws apply for bankruptcy actions?
Bankrupcty actions are under federal law, so federal substantive & federal procedural will apply
What is federal common law and in which type of cases is it most likely to exist?
Federal law created through federal judges. It applies only in a narrow category of cases, such as those involving:* Admiralty & maritime* Foreign relations* Cases where US is a party* Cases between two states
In a diversity case with multiple states involved, the federal court must apply the conflict of laws principles from which state?
The state in which the federal district court is sitting
Define: interlocutory injunctions
Injunctions issued before the trial has ended; goal is to perserve the status quo.
