Erie Doctrine

Question 1

28 USC 1652: State Laws as Rules of decision

Answer 1

• The laws of the several states shall be regarded as the rules of decision in civil actions in the courts of the United States, in cases where they apply.

Question 2

OUTCOME DETERMINATIVE TEST:

Answer 2

• State rules that are determinative of the outcome of a case must be followed.
• Statutes of limitations is a matter of “Substantive Law” which “significantly affects” the outcome of the litigation if the federal courts could disregard it.

Question 3

28 USC 2072: Rules of Procedure & Evidence; Power to Prescribe

Answer 3

A) Supreme Court has the power to prescribe general rules of practice and procedure and rules of evidence for US District Courts. 
B) Such [Federal Rules] shall not: 
- abridge 
- enlarge, or 
- modify 
 - any State Substantive Right.