Federal and State Court Relations and Provisional Remedies Flashcards
5 types
1) The Erie Doctrine
2) Full faith and Credit Clause
3) The Federal Courts are prohibited from enjoining?
4) Abstention
5) Provisional Remedies
What is erie doctrine?
Choice of law for federal court- Which law does the federal court apply to resolve a non-federal claim
1) apply substantive state law
2) apply federal procedure law
When to apply federal law?
When it is procedure Ex: if the conflict is between federal and state law and involves 1) federal statute 2) FRCP 3) FRE or 4) trial by jury
federal law governs
When to apply state law
when it is substantive state law Ex: if the conflict DOES NOT involve a 1) federal statute 2) FRCP 3) FRE or 4) trial by jury then state law governs between difference of federal and state law, if OUTCOME OF STATE
Full faith and credit
federal court must recgonize and enforce every VALID judgment entered by any other federal or state court
What are federal courts generally prohibited from enjoining?
1) pending state court civil actions
2) state court tax proceedings
3) and state court criminal proceedings
what are the two type of provisional remedies
1) TRO
2) Preliminary injunction
TRO
EMERGENCY order by court for 14 days to prevent irreparable harm before a hearing can be held on a preliminary injunction
how long are TRO valid for
14 days
Does there have to be notice for TRO
notice MAY be excused if it would be impossible to provide notice to advisory before harm occurs
Preliminary injunctions
only upon notice of advisory to prevent irreparable harm pending a trial on the merits.
if a legal and equitable claim are joined in 1 action involving common facts, which one should be heard first
legal claim should be tried first to the jury and then the equitable claim to the court
- the jury’s finding on fact issues will bind the court tin the equitable claim
are SOL and rules for tolling SOL considered substantive?
Yes. SOL and tolling of SOL are substantive for Erie purposes
