Erie Doctrine

Question 1

The Purpose of the Erie Doctrine is to avoid

Answer 1

Forum shopping and the inequitable administration of justice

Question 2

In a diversity case the federal court applies

Answer 2

1) State substantive law (SOL/Burden of proof)
2)Federal procedural law and federal laws regarding juries

However, if the federal procedure law would be outcome determinative (change the result in the case) the federal court should apply state law

Question 3

Federal Common law is

Answer 3

Judge made law that preempts any inconsistent state or local rule made when a federal court encounters important federal interests that are not covered by statue

Question 4

A federal court will follow the precedent form

Answer 4

The highest state court.

Question 5

If there no precedent from the state’s highest court, the federal court

Answer 5

predicts how the highest state court would rule. The court gives respectful attention to the decisions of lower state courts but are not bound by them