Erie

Question 1

What is determined by the Erie Test

Answer 1

Federal vs. State Law; which one do we apply?

Question 2

What is the first question that you ask once you know there is an Erie issue?

Answer 2

What is the source of the federal law? - Dictates the winner and guidelines applied. Four source of federal law:

1) Constitution
2) Statute
3) Federal Rules of Civil Procedure
4) Federal Judge made Law

Question 3

What are the guidelines used when the source of the Federal Law is the constitution?

Answer 3

Federal Law wins the inquiry

Question 4

What are the guidelines used when the source of the Federal Law is a Statute?

Answer 4

1. Look whether it controls the issue at hand, and conflicts with state law. If it doesn’t, then you apply both.
2. If it does, you ask yourself if the federal law is constitutionally valid (rationally classifiable as procedural)

Question 5

What are the guidelines used when the source of the Federal Law is the Federal Rules of Civil Procedure?

Answer 5

1. Look whether it controls the issue at hand, and conflicts with state law. If it doesn’t, then you apply both.
2. If it does, REA Compliance test:
   (a) Must really regulate procedure: is the federal rule rationally classifiable as procedural
   (b) Does it abridge, enlarge, or modify a substantive right?

Question 6

What are the guidelines used when the source of the Federal Law is Federal Judge Made?

Answer 6

1. Look whether it controls the issue at hand, and conflicts with state law. If it doesn’t, then you apply both.
2. If it does, apply Hanna-Byrd Combo

Question 7

What is the Hanna-Byrd Combo and when is it applied?

Answer 7

1) If applying the federal law will not lead to forum shopping or inequitable administration of the law (Hanna part II), then you apply federal law.
2) If applying federal law will lead to forum shopping or inequitable administration of the law, then it will be outcome determinative (Hanna part II), and you apply state law, unless, the countervailing federal interests outweighs both the state interest and the likelihood of forum shopping and inequitable administration.

Question 8

How does a plaintiff win a move for summary judgment?

Answer 8

He/She need to prove that there is no genuine issue of material fact with every element of his/her claim

Question 9

How does a defendant defeat a plaintiff’s movement for Summary Judgment?

Answer 9

He/She needs to prove that there is a genuine issue of material fact with at least one claim.

Question 10

How does a defendant win a move for summary judgment?

Answer 10

q

Question 11

How does a plaintiff defeat a defendant’s movement for Summary Judgment?

Answer 11

a