Erie Doctrine

Question 1

Under the Erie doctrine, federal courts sitting in diversity apply:

Answer 1

state substantive law and federal procedural law

Question 2

The twin aims of the Erie Doctrine are:

Answer 2

1. to discourage plaintiffs from forum shopping

2. to avoid inequitable administration of the laws

Question 3

If an applicable Federal Rule of Civil Procedure exists, the federal rule applies if the rule is:

Answer 3

1. Arguably procedural and
2. Does not abridge, enlarge, or modify any substantive right
   even if application of the federal rule leads to a different outcome than if state law had been applied

Question 4

What case was this the rule of?When a valid federal rule that conflicts with state common law speaks to the issue in guestion, the Erie doctrine does not apply

Answer 4

Hanna v. Plumer

Question 5

If an applicable federal procedural statute exists, the federal procedural statute applies if:

Answer 5

1. the statute was designed to address the issue presented and
2. the statute conflicts with state law

Question 6

If there is no federal rule or procedural statute applicable to the case or if it is not clear whether a law is substantive or procedural, then the federal court must balance several factors:

Answer 6

1. Whether the state law is outcome determinative
2. Whether there is a strong state interest in applying state law
3. Whether there is a strong countervailing federal policy that overrides state policy
4. Whether the application of one law would work against the twin aims of the Erie doctrine

Question 7

If the laws of more than one state may apply to a case, then to determine which state’s laws will govern, a federal court must apply the choice of law rules of the state in which:

Answer 7

the federal court sits

Question 8

If no court in the state has considered the issue in questioning,

Answer 8

the federal court must decide what the state’s highest court would do if confronted with the issue