Erie doctrine

Question 1

federal law on point

Answer 1

if there is fed law on point that directly conflicts with state law, you apply federal law so long as it’s valid
* supremacy clause
* FRCP presumed to be on point

Question 2

no federal law on point

Answer 2

if there is no federal law on point, fed judges must apply state law to the issue if it is substantive
* conflict or choice of law rules
* elements of a cliam or defense
* statutes of limitation
* rules for olling statutes of limitations, and
* standard for granting a new trial bc the jury’s dmaages award was excessive or inadequate

In a diversity case, the federal court applies the law that would be applied by the courts of the state in which the federal court is located

Question 3

determining whether something is substantive

Answer 3

if no fed law on point and not one of the clearly substantive categories met, fed judge considers:
* outcome determinativeness– would applying or ignoring the state rule affect the outcome of the case? If so, it’s probably a substantive rule, so the court should use state law
* balance interest facors– Does either the federal or state system have strong interest in having its rule applied? The one with the greater interest should have its law applied.
* avoid forum shopping– If the federal court ignores state law on this issue, will it cause parties to flock to federal court? If so, the court should probably apply state law.

Question 4

federal common law

Answer 4

FCs can make up common law on their own re int’l relations, admiralty, right to sue a federal officer for violating one’s federal rights