Erie Doctrine - Choice of Law

Question 1

Federal Question

Answer 1

federal substantive and procedural law controls, as well as federal common law.

Question 2

Diversity Jurisdiction

Answer 2

State substantive law and applicable federal procedural law

Question 3

Federal and state laws conflict?

Answer 3

Apply federal law under the Rules Enabling Act the federal rule does not abridge, enlarge, or modify a substantive right.

Question 4

No federal rule on point

Answer 4

apply state law if failure to do so would lead to different outcomes in state and federal court.

Question 5

Federal Common Law

Answer 5

Created when there is no applicable federal statute or constitutional provision.

Question 6

Federal Question: Apply Federal Common Law to these instances

Answer 6

• Admiralty cases
• US is a party to the case
• Interstate disputes
• Cases implicating relations with foreign countries
• Cases in which the gov acts in a proprietary role
• Congress has left a gap in the statutory scheme

Question 7

Diversity Jurisdiction

Answer 7

When a “uniquely federal interest” is at stake and a significant conflict exists between that interest and the operation of state law.

Question 8

State conflict of law - Diversity jurisdiction

Answer 8

district court is bound by conflict-of-laws rules o state in which the district court is located, but only to the extent that state’s rules are valid under the full faith and credit due process clause.

Question 9

Procedural or Substantive law

Answer 9

states apply their own procedural laws and sometimes apply the substantive law of a foreign jurisdiction