ERIE DOCTRINE Flashcards
1
Q
Erie doctrine
A
The doctrine, derived from a U.S. Supreme Court case, under which a federal court presiding over a state law claim must apply the state’s common, constitutional, and statutory law, and choice-of-law rules, when deciding a substantive issue for which there is no controlling federal rule or statute
2
Q
Substantive issue
A
The type of issue that addresses legal rights and often is outcome-determinative, such as an issue pertaining to the elements of a particular claim or defense
3
Q
Procedural issue
A
The type of issue that addresses the judicial process and often concerns court rules and practices rather than the elements of a particular claim or defense