Erie Flashcards
1
Q
what statute requires federal courts to use state law?
A
28 USC 1652
2
Q
What was the rule (now overturned) from Swift v. Tyson?
A
federal courts had to apply state statutes but they could apply federal common law
3
Q
The Erie Decision Rule
A
a federal court sitting in diversity must apply state substantive law, whether statutory or common law; compels the use of state law
4
Q
How do we decide between federal and state law? (Vertical)
A
Look to Erie
5
Q
How do we decide what state law to apply? (horizontal)
A
Klaxon Co. v. Stentor - a federal court is required to apply the conflict of laws rules of the state in which it sits
6
Q
US v. Standard Oil says:
A
there is some federal common law if the rule at issue must be federal
