Law Applied in Federal Court

Question 1

Basic Idea

Answer 1

Relevant for diversity cases.

In deciding an issue, when must judge follow state law, and when can she ignore it?

Question 2

Erie Doctrine Steps

Answer 2

1) Ask is there some federal law on point that directly conflicts with state law? If so, apply federal law so long as its valid.

2) If no federal law on point, the federal judge must apply state law if the issue to be decided is “substantive.”

3) If no federal law on point, and issue is not clearly substantive, judge must determine whether the issue is substantive.

Question 3

FCRPs

Answer 3

Presumpativley valid. can use so long as they are “arguably procedural.”

Question 4

Issues that are “clearly substantive”

Answer 4

1) Conflict (or choice) of law rules
2) Elements of a claim or defense
3) Statutes of limitations
4) Rules for tolling statutes of limitations;
5) The standard for granting a new trial b/c the jury’s damages award was excessive or inadequate

Question 5

Factors in determining if a law is substantive (when not clearly so)

Answer 5

Outcome determinative
Balance of interests
Avoid forum shopping

Question 6

Federal common law

Answer 6

No general common law, but there are specific areas where there is no room for state law:
International relations, admiralty, disputes between states, the right to sue a federal office for violating one’s federal rights