LAW APPLIED IN FEDERAL COURT

Question 1

ERIE DOCTRINE

Answer 1

Step 1: is there some federal law on point that DIRECTLY conflicts with the state law?
- if so, apply the federal law as long as it is valid
- arguably procedural= valid
Step 2: If there is no federal law on point- judge must apply state law if the issue to be decided is SUBSTANTIVE
- elements of a claim or defense
-**statute of limitations
- rules for tolling statutes of limitation
- ** conflict(or choice) of law rules
- standard for whether to grant a new trial because a jury’s damages determination is excessive or inadequate
In a diversity case on any of the five issues- must apply state law
Step 3: Step 1 and 2 not valid, federal judge must determine whether the issue is substantive
- outcome determinative
- balance interests between state and federal systems
- avoid forum shopping

Question 2

FEDERAL COMMON LAW

Answer 2

narrow- international relations, admiralty, disputes between states, right to sue a federal officer for violating one’s federal rights.