Erie Doctrine

Question 1

Erie Doctrine definition

Answer 1

Choice of law rules usually govern which jurisdiction’s substantive law will apply to a particular case

Question 2

Areas in choice of law

Answer 2

(1) Classic choice of law (horizontal choice of law)– in any court, choosing between the forum state’s law and that of another jurisdiction
(2) Federal/state conflicts(vertical choice of law)– in federal courts, choosing between federal and state law in a diversity case

Question 3

Choice of law

Answer 3

means choice of substantive law, or the laws that determine the merits of the case

Question 4

When does conflict arise?

Answer 4

dispute with a foreign element, false conflict, presumption favoring forum law

Question 5

Dispute with a foreign element

Answer 5

A foreign element is when the lawsuit is not entirely local.

Question 6

False conflict

Answer 6

If the dispute does touch more than one jurisdiction, but the laws in both places are the same, this is a false conflict. The forum then controls

Question 7

Presumption favoring forum law

Answer 7

The substantive law of the forum state will control unless a party in the suit pleads and proves that another law should apply.

Question 8

The forums primary choice of law rule

Answer 8

every state has a set of rules in which they apply unless there is a specific rule that supersedes its. The significant relationship test is the most popular in the United States.

Question 9

Statutory rules

Answer 9

In the US, a state’s primary rule tends to be common law, adopted by the form state’s highest court.

Question 10

Chocie of law clauses

Answer 10

most states allow contracting parties to choose a governing law

Question 11

The US constitution

Answer 11

States can apply any law they choose unless it violates Due process, which requires that the chose law have at least a minimal, reasonable connection to the case.

Question 12

The hierarchy

Answer 12

• Statutes designating applicable law control unless they violate the US constitution
• Choice of law clauses govern if there’s no statute and the clause does not viole forum public policy or the Constitution
• If there’s no pertinent statute and no choice of law clause in a contract, the court will use the forum’s choice of law rule

Question 13

Federal courts

Answer 13

Federal courts use federal substantive law for cases arising under a federal question. But in diversity cases, state law governs. Two issues: (1) what law governs and (2) what if there’s a conflict between state law and federal procedure