Federal Courts

Question 1

What are the three types of FQ cases?

Answer 1

1. Ordinary FQ Cases
2. Embedded FQ Cases
3. Fed Common Law Cases

Question 2

What is the appropiate law to apply in FQ cases?

Answer 2

1. Ordinary FQ Cases
   
   • apply the fed. law as written - statutes, the constitution, etc.
2. Embedded FQ Cases
   
   • apply state law to the state cause of action & fed law for the specific part of the state claim that hinges on fed law
3. Fed Common Law Cases
   
   • come up with law on their own in certain instances:
     
     • maritime law
     • foreign relations
     • commerical rights & liabilities of the gov’t
     • property rights & liabilities of the fed gov’t
   • in a narrow categories of cases, the fed ct can create law that pre-empts the state law

Question 3

How do you determine the appropiate law to apply to Diversity cases?

Answer 3

You apply the Erie Analysis

Question 4

What is the Erie Analysis?

Answer 4

1. Do whatever Congress or the COnstitution says
   
   • if there is a fed law/constit. that is “valid” & “on point” apply it
     
     • Validity - if no, go to step 2
       
       • invalidity - a statute that violates the US Constit. Also a rule that abridges, enlarges or modifis a substantive right
     • On Point - the principles of interpretation tell us how to apply
2. If NO Fed Stat. or Con Law – apply what would avoid unfairness & forum shopping
   
   • the cts should follow its ordinary practices unless doing so would lead to the prefence of one ct system over another or to fundamental unfairnes

Question 5

How does “substance” and procedure” work in Erie?

Answer 5

They are labels applied to the result of a Step 2 analysis