Law applied by federal courts Flashcards
What is the Rule of Decision Act?
States that applicable provisions of the federal Constitution, treaties, and constitutional statutes enacted by Congress always take precedence over state law.
The Erie Doctrine:
A federal court with diversity or supplemental JX that is presiding over a state-law claim must apply the substantive law of the state in which the court sits.
The Erie Doctrine will apply:
1) when the court has diversity or supplemental JX over a case; AND
2) The state law that would apply conflicts with the federal rule, statute, doctrine, or procedure at issue.
When Erie is an issue, the court must:
use state substantive law, and federal procedural rules. This distinction is intended to limit regional variance in federal practice and prevent forum shopping.