Erie Doctrine

Question 1

give an overview of the erie doctrine

Answer 1

Substantive v Procedural Law
Substantive law = law that governs your life outside the court room
EX: Tort law
Procedural law = law that governs your litigation activity

Claims in state v federal court
A federal claim in federal court will use federal procedural and substantive law
A state claim in state court will use state procedural and substantive law, unless either run afoul of the constitution.

The Problem Addressed by Erie
When there is a potential conflict between federal procedural law and state law
This occurs when a federal procedural law is functioning substantively by abridging, enlarging, or modifying a state substantive right.
If there is a state law claim in federal court, we would expect the court to apply state substantive law to the claim
(there is no federal contract law, for e.g.) and federal procedural law because it’s their house.
This is classic Erie doctrine.

Federal Procedural Law
When a claim is in federal court > courts use federal procedural law
Federal Procedural Law can be divided into 3 categories:
(1) Statutory procedural law
E.g. 28 U.S.C. §1332
(2) Formal Federal Rules
Promulgated by the Supreme Court pursuant to the Rules Enabling Act.
E.g. Rule 13
(3) Judge-made procedural law
E.g. forum non conveniens

Question 2

in sum what is the erie doctrine

Answer 2

o Federal courts exercising diversity jurisdiction apply federal procedural law, but must also apply state substantive law
o Reserve Powers Doctrine: Don’t want federal law to alter state law, but if the federal laws are procedural, then they DO NOT affect state substantive law