Erie: Historical Background

Question 1

10th Amendment

Answer 1

The federal government has only those powers specifically granted by the constitution.

Question 2

Supremacy Clause

Answer 2

Article VI of the Constitution makes federal law “the supreme law of the land.” Thus, courts in every state are bound by the Constitution.

Question 3

Constitution Art. III, §1

Answer 3

Article III §1 of the Constitution authorizes the creation of federal courts and defines their jurisdiction. However, Article III does not say what laws should apply in diversity.

Question 4

Necessary and Proper Clause

Answer 4

Congress has the power to create rules for the courts. This provides Congress with rule making power over the courts.

Question 5

RDA –1652

Answer 5

The Rules of Decision Act (RDA – §1652) provides that the laws of several states, except where the Constitution or treaties or acts of Congress otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply. Under the RDA, the statute only requires the use of state law if there is no federal statute, treaty, or constitutional provision on point.

Question 6

REA –2072

Answer 6

Under the Rules Enabling Act (REA – §2072) the Supreme Court has to power to proscribe general rules of practice and procedure and rules against evidence for cases in the US District Courts and Courts of Appeals. Such rules shall not abridge, enlarge or modify any substantive rights.