Federal State Conflicts Flashcards
Test for Constitutional limit on state court choice of law
state must have significant contact or aggregation of contact
creating state interests
such that choice of its law
is not arbitrary or fundamentally unfair
Constitutional Limits on State Court Choice of Law - in general
Due process clause of 14th A and full faith and credit clause of article IV impose some minimal limits
What are constitutional interests and limits
is there enough of a connection between state and case so that application of its law is not completely unpredictable - D would not be surprised in application of foreign law
after acquired domicile
no contacts at all
Federal Preemption types - list
Express
Actual conflict
implied conflict
field
Express Preemption
When congress or an agency expressly preempts state law
Actual conflict preemption
where impossible to comply with both state and federal law, federal law wins, state law is invalid.
implied conflict preemption
non-obvious conflict with state law
depends on what federal law was trying to achieve
Field preemption
federal regulation is so comprehensive there is no room for state law at all
Federal Common Law Preemption
Areas that preempt state common law
rights and obligations of federal gov and commercial paper it issues
any contract with the federal government
liable action arising from political campaigns
tort claims against military contractors
admiralty cases except for local issues
maritime contracts
Erie Doctrine
Federal court on the basis of diversity jurisdiction applies substantive law of the state where it sits and federal law on matters of procedure
What is substantive law for erie purposes
Anything that materially affects the outcome at the time the case is filed
would it affect the choice of forum
Analytically procedural but substantive for erie purposes (6)
Statute of Limitations burden of proof conditions under which foreign corporations can sue in state courts bond requirements preclusion choice of law rules
Choice of law rules - erie doctrine
cite the rule
Federal court sitting in NY, exercising diversity jurisdiction
applies NY choice of law rules
7th Amendment Implications
7th amendment controls, rather than state law, questions of jury-judge allocation in federal cases. Federal law prefers questions to be answered by a jury.
7th amendment informs the analysis and state law should not undermine the authority of the jury
