Law applied by federal courts Flashcards

1
Q

What is the Rule of Decision Act?

A

States that applicable provisions of the federal Constitution, treaties, and constitutional statutes enacted by Congress always take precedence over state law.

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2
Q

The Erie Doctrine:

A

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.

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3
Q

When Erie is an issue, the court must:

A

use state substantive law, and federal procedural rules. This distinction is intended to limit regional variance in federal practice and prevent forum shopping.

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