Kaplan Pgs 26-29 Erie Flashcards
What is the rules of decision act for state law in federal court?
Says there any applicable provisions of the constitution, treaties, or statute enacted by Congress take presidency over state law.
Federal courts apply what law when they consider issues that involve the constitution or federal constitutional statutes question
Federal law
What is The Erie doctrine?
A federal court that hears a state law claim in a case based on diversity or supplemental jurisdiction applies the substantive law of the state where the court sits. So state law applies if it is a law that deals with substantive rights of state citizens, but federal law applies for procedural rules
What are the two things that must be present in order for the Erie doctrine to apply?
– The court must have subject matter jurisdiction based on either diversity or supplemental jurisdiction, and
– the state law that would apply conflicts with the federal rule, statute, doctrine, or procedure at issue
If there is a valid federal statute or constitutional provision that is on point, what law should the federal court apply?
That relevant provision, regardless of whether it is substantive or procedural
What is the situation when a federal rule does not apply because of Erie?
If the federal rule of bridges, modifies, or in large is a substantive rate
What happens when there’s no valid federal statutory or constitutional law on point with regard to a federal court and Erie?
The federal court will follow its ordinary practises and less doing that would lead to a preference for one court system or where another or a fundamental unfairness
What are two areas where there’s a general agreement under theory that substantive state laws will be applied in federal diversity cases?
For federal courts in diversity actions:
– they will apply the statute of limitations of the state where the court sits
– and the choice of law rules of the state
What is one area under Erie that for diversity cases always goes federal?
The Supreme Court has said that the right to a jury trial in federal courts is determined as a matter of federal law. The characterization of whether the claim is legal or equitable, which determines a right to a jury, is made by federal law in order to ensure that the right to a jury trial is guaranteed by the seventh amendment is exercised uniformly
Erie doctrine is there a general federal common law?
No, courts apply the laws of the state in which they are located
What are the two situations when federal common law exists to interpret congressional intent or the meaning of statutes?
- if Congress has made broad rules that are unclear or have indefinite standards and the courts have to interpret these
– congressional action takes presidence over common law rules
When can federal courts make federal common law question
Dash if a federal or constitutional interest is at stake
– if Congress has in adequately addressed the situation
– if the application of individual state laws in different jurisdictions would create unacceptable levels of diversity or uncertainty
Federal common law is confined to which fields of law?
– Maritime law
– foreign relations
– commercial rights and liabilities of the federal government
– property rights and liabilities of the federal government
Super good Erie Doctrine chart of 29
Go there and look
