Erie Flashcards
1
Q
Erie Twin Aims
A
- Discourage forum shopping
- Avoid inequitable administration of the law.
2
Q
Easy Erie
A
- If constitution, treaty, or act of congress federal law will always win becuase of supremecy clause.
- If the controversy on the FRCP, the rules are always good and win. HANNA
3
Q
Federal Question/Federal Court
A
Federal procedure and substantive law
4
Q
Federal Question/State Court
A
Apply federal substantice and state procedual unless its an undue burden on the federal right
5
Q
State law coa/federal court
A
Apply state substantive law and federal producre unless outcome determintative
6
Q
Outcome Determitive
A
- York: If frcp affects outcome, apply state law
- Byrd: Even if frcp do not directly affect outcome, the federal/states interests must be balanced
- Hanna: York outcome test must be weighed against twin aims.
- Gasperini: Outcome determitive and balancing to define excessive awards
7
Q
State substantive law/State court
A
Apply state procedure and law
8
Q
Multiple states involved in case
A
Lex Loci: Place of injury
Lex Flori: Where case was filed.