Erie Flashcards

1
Q

Erie Twin Aims

A
  1. Discourage forum shopping
  2. Avoid inequitable administration of the law.
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2
Q

Easy Erie

A
  1. If constitution, treaty, or act of congress federal law will always win becuase of supremecy clause.
  2. If the controversy on the FRCP, the rules are always good and win. HANNA
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3
Q

Federal Question/Federal Court

A

Federal procedure and substantive law

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4
Q

Federal Question/State Court

A

Apply federal substantice and state procedual unless its an undue burden on the federal right

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5
Q

State law coa/federal court

A

Apply state substantive law and federal producre unless outcome determintative

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6
Q

Outcome Determitive

A
  1. York: If frcp affects outcome, apply state law
  2. Byrd: Even if frcp do not directly affect outcome, the federal/states interests must be balanced
  3. Hanna: York outcome test must be weighed against twin aims.
  4. Gasperini: Outcome determitive and balancing to define excessive awards
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7
Q

State substantive law/State court

A

Apply state procedure and law

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8
Q

Multiple states involved in case

A

Lex Loci: Place of injury

Lex Flori: Where case was filed.

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