Conflict of Laws Flashcards
1
Q
Federal State Conflict: Erie Doctrine(10%)
A
a) Under the Erie Doctrine, a federal court sitting in diversity jurisdiction MUST apply the law of the forum state in which it sits (NOT its own federal law) regarding substantive issues. However, federal courts are free to apply their own rules to procedural issues.
b) NOTE. Choice of law issues are considered substantive; therefore, a federal court sitting in diversity MUST apply the forum state’s choice of law rules.
