Erie Doctrine

Question 1

Rules of Decision Act

Answer 1

“The laws of the several states, except where the Constitution or Acts of Congress otherwise require or provide, shall be regarded as rules of decisions in civil actions in the courts of the US, in cases where they apply.”

Question 2

The Erie Doctrine

Answer 2

Except in matters governed by the Federal Constitution or by Acts of Congress, the law to be applied in any case is the law of the State.

In other words, when you are in federal court based on diversity (or supplemental jurisdiction), state “substantive” law applies, whether it is statutory or judge-made.

“Law” includes case law.

There is no federal common law. There is no “general” substantive law.

“The line between procedural and substantive law is hazy but no one doubts federal power over procedure.”

Procedure / Substance

Question 3

Conflicts Law

Answer 3

Erie tells us that a federal court must apply the state’s substantive law to a state law claim, but can apply federal procedural law.

This is different from the question of which state’s law applies.

Question 4

Guaranty Trust’s Test

Answer 4

BLANK

Question 5

Byrd’s 3 Part Inquiry

Answer 5

1. Is the state rule “bound up with the definition of the rights and obligations of the parties”?
   - If so, the state rule applies. If not, . . .
2. Is the rule outcome-determinative?
   - If so, . . .
3. Are there “affirmative countervailing considerations” in favor of the federal rule?
   If they outweigh the interest in uniformity, apply federal rule.

Question 6

Substantive v. Procedural Laws

Answer 6

“Bound up with the definition of the rights and obligations of the parties”

v.

“manner and means by which a right to recover is enforced”

Question 7

Byrd’s Test

Answer 7

1. Is the state rule “bound up with the definition of the rights and obligations of the parties”?
   - If so, the state rule applies.

If not,

(2) Is it outcome-determinative?
- If not, apply the federal rule.

If so,

(3) Are there “affirmative countervailing considerations” in favor of the federal rule?
- If so, apply federal rule.
- If not, apply the state rule.

Question 8

Rules Enabling Act 2072

Answer 8

The Supreme Court shall have the power to prescribe forms of process and motions, and the practice and procedure of the district courts

Such rules shall not abridge, enlarge, or modify any substantive right and shall preserve the right of trial by jury