Law Applied in Federal Court

Question 1

Erie Doctrine - Steps

Answer 1

1) Is there some fed law on point that directly conflicts w/ state law?
-> ex: Constitution, Fed Rules of Civ Pro
-> if so, apply fed law as long as it’s valid (presumptively valid if arguably procedural)
2) If no fed law on point, fed judge must apply state law if the issue to be decided is “substantive”
3) if no fed law on point + issue is not one of the 5 considered “clearly substantive”, fed ct weighs different factors to determine substantiveness (law very unclear on this)

Question 2

Issues Considered Clearly Substantive

Answer 2

• conflict (or choice) of law rules
• elements of a claim or defense
• statutes of limitations
• rules for tolling statutes of limitations AND
• standard for granting a new trial because the jury’s damages award was excessive or inadequate

Question 3

Factors for Determining Substantiveness

Answer 3

• outcome determinativeness (probs substantive if would affect outcome of case)
• balance of interests (does fed or state system have stronger interest in having its rule applied?)
• avoid forum shopping

Question 4

Federal Common Law

Answer 4

• Erie means there is no GENERAL fed common law
• BUT there are areas in which fed cts are free to make up their own common law
• general common law of torts, contracts, + property is STATE law -> fed ct must apply in a diversity case

Question 5

Areas Where Fed Common Law Exists

Answer 5

• international relations
• admiralty
• disputes between states
• right to sue a fed officer for violating one’s fed rights

Question 6

Preclusion and Common Law

Answer 6

• fed common law governs for preclusion
• BUT fed common law follows state law on preclusion