Erie Doctrine

Question 1

Erie Doctrine (prompt)

Answer 1

Under the Erie Doctrine, a federal court sitting in diversity must apply the substantive law of the state in which it resides and must apply federal rules of procedure.

Question 2

Substantive Law for Erie purposes list

Answer 2

Statute of limitations (SOL)
Tolling of SOL
Choice of law rules
Elements of a claim or defense
Standard for granting a new trial (not the requirement that a certain court make the determination)

Question 3

Outcome Determinative test

Answer 3

an issue is substantive if it substantially affects the outcome of the case

Question 4

Balance of interests test

Answer 4

court weighs whether the state or federal judicial system has a greater interest in having its rules applied

Question 5

Forum shopping test

Answer 5

Federal courts may use the state law on the issue if failing to do so would cause litigants to flock to federal court

Question 6

Rules enabling Act

Answer 6

A federal rule is valid if it deals with “practice or procedure” and does not “abridge, enlarge or modify” a substantive right.

Majority concludes a rules validity is determined solely by its terms and asking whether it is “arguably procedural”. Then the Fed Rule is valid.