Eerie

Question 1

Eerie doctrine

Answer 1

Under eerie federal courts that exercise jurisdiction based on diversity must apply the substantive law of the state in which the court sits in and the federal rules in regards to procedure. However under eerie the federal court does not have to apply the substantive law if there’s a federal law directly on point.

Question 2

If there’s no federal rule on point what must the court next determine ?

Answer 2

Whether the issue being decided is substantive or procedural.

Question 3

The three test the federal courts use to determine whether the issue is procedural or substantive ?

Answer 3

1. Outcome determination
2. Balance of interest
3. Forum shopping deterrence

Question 4

Outcome determinative test

Answer 4

Provides that an issue is substantive where it directly affects the outcome of a case

Question 5

Balance of interest test

Answer 5

Test which requires the court to weigh the interest of the state verse the Feds in having its own rules applied

Question 6

Forum shopping deterrence test

Answer 6

Under this test, the court must follow state law on the issue if failing to do so would result in forum shopping.