Erie

Question 1

A court ____ the authority to apply its own law to resolve a case

Answer 1

does not necessarily

Question 2

For which state law ___ sets some remote limits on choice of law by requiring

Answer 2

Due Process, minimum contacts

Question 3

Apply the law chosen in a contract unless (1)

Answer 3

no reasonable basis for party choice (highly unlikely)

Question 4

Apply the law chosen in a contract unless (2)

Answer 4

applying chosen law would be contrary to fundamental policy of a state which has materially greater interest AND would be the one whose law would apply in absence of choice of law clause

Question 5

What is the vertical law choice

Answer 5

State vs. Federal, Erie

Question 6

Erie normally applies in ____ when___

Answer 6

fed diversity/supplemental jdx, state law claims entertained in fed court

Question 7

Rules of Decision Act

Answer 7

1652

Question 8

1652

Answer 8

laws of several states, except where Con/treaties/acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in courts of the US

Question 9

___ are included in the acts of Congress

Answer 9

FRCP

Question 10

Erie rule

Answer 10

A fed court sitting in diversity must apply state substantive law (but not procedural)

Question 11

Erie holding

Answer 11

No federal general common law and PA law must be applied

Question 12

Erie overruled ___ which held ___

Answer 12

Swift, fed courts sitting in diversity did not need to apply state common law

Question 13

For Swift, laws meant only

Answer 13

statutory local laws, anything more general and 1652 applies

Question 14

Tushnet view of Swift

Answer 14

not pulling things out of air, series of laws determines law not one decision, codification makes things less adaptable

Question 15

Erie says that Full Faith and Credit doesn’t say ___

Answer 15

have to respect that state’s laws, just have to respect its decisions

Question 16

Erie holds that if ___ is met, you have satisfied due proces

Answer 16

PJ

Question 17

Erie says that its decision is ___ required but __

Answer 17

constitutionally, doesn’t cite any clause to avoid statutory redo

Question 18

Under Erie it is okay to do federal common law when __

Answer 18

Congress authorizes (labor, Fed CoA)

Question 19

Philosophy of Erie

Answer 19

law is law because sovereign says it is, not out there to be found, really just cutting down number of sources you can use to find law

Question 20

York takeaway

Answer 20

outcome determinative test

Question 21

York rule

Answer 21

A fed court sitting in diversity must abide by any state legal rule that would be outcome-determinative if held in state court, also Erie applies to equity cases

Question 22

York Holding

Answer 22

SoL is outcome determinative in this case so state law rule applies

Question 23

York reason 1

Answer 23

substance vs. procedural better understood as significantly affecting the result vs merely manner/means by which right is enforced

Question 24

York reason 2

Answer 24

purpose of Erie to ensure outcome in federal court would be the same

Question 25

Erie applying to equity does not mean ___

Answer 25

all equitable remedies available in state court must be available in fed court or fed court can’t give equitable remedy not available in state court

Question 26

Federal equity is subject to ___

Answer 26

restrictions, must be within traditional scope of equity as historically evolved

Question 27

York says follow state law if it will __

Answer 27

further the policy of uniform outcomes in state and federal diversity courts

Question 28

Byrd rule

Answer 28

state laws cannot alter the essential character or function of a federal court

Question 29

Byrd holding

Answer 29

Court holds that the district should not follow the state rule that would keep the Q from a jury

Question 30

Byrd reason 1

Answer 30

outcome determinative test unclear, judge vs jury doesn’t clearly change the outcome

Question 31

Byrd reason 2

Answer 31

Fed cares deeply because of 7th amendment, but doesn’t cite constitution directly (avoid interpreting unless have to)

Question 32

Byrd reason 3

Answer 32

Re Erie not a rule bound up with definition of rights just a practical policy decision

Question 33

Byrd reason 4

Answer 33

Weak state policy (don’t show reasons) and no line of cases supporting it

Question 34

Rules Enabling Act

Answer 34

2072

Question 35

2072(a)

Answer 35

Supreme Court may prescribe general rules of practice and procedure for district courts and courts of appeals

Question 36

2072(b)

Answer 36

such rules shall not abridge, enlarge, or modify any substantive right

Question 37

Hanna rule

Answer 37

District courts must apply FRCP when they directly conflict with state statutes, unless the Rule transgresses the Rules enabling Act or the Constitution

Question 38

Hanna holding

Answer 38

rule 4 must be followed because it does not transgress constitutional bounds or congressional mandate

Question 39

Hanna reason 1

Answer 39

York outcome determination not alone enough, need to look at twin aims of Erie

Question 40

Hanna first twin aim of Erie

Answer 40

prevent forum shopping by Ps based on different substantive law in federal and state courts

Question 41

Hanna second twin aim of Erie

Answer 41

avoid ineequitable administration of the law through different applications

Question 42

Hanna reason 2

Answer 42

Yes outcome determinative but non substantive variation so not likely to raise forum shopping or equal protection problems

Question 43

What is inequitable admin of the law under Hanna

Answer 43

discrim against citizens of states by noncitizens becuase noncitizens can just choose to bring suits in fed court under general common law

Question 44

Under Hanna, not every FRCP is essential to character of the courts because

Answer 44

then every rule essential and Erie reversed

Question 45

For determining scope/collision under Hanna, ask if the state policy can be characterized as __

Answer 45

thwarting policy choice of COngress when meant it to occupy the field

Question 46

To pass the test under Hanna for collision, the rule must __

Answer 46

be able to be rationally classified as procedural (even if it could also be classified as substantive)

Question 47

A FRCP has _____ the Hanna test and likely ___

Answer 47

never failed, never will

Question 48

Hanna consequence 1

Answer 48

modified outcome determinative test, should be viewed in light of twin aims

Question 49

Hanna consequence 2

Answer 49

FRCP should be applied unless violate Rules Enabling Act or Constitution