Law in federal ct

Question 1

What law applies in federal ct when fed and state law clash?

Answer 1

Apple Eerie Doctrine

Question 2

Eerie Doctrine steps

Answer 2

1. is there some federal law that directly contradicts with state law?
   
   1. yes - apply federal law as long as valid
   2. no - go to step 2
2. State law applies if issue is substantive - 5 issues
3. If No fed law, no 5 issues
   
   1. judge determine if issue is “substantive”
      
      1. Is it outcome determinative?
         
         1. will applying or ignoring state law affect outcome of case?
            
            1. if yes, apply state
      2. How are interests balanced?
         
         1. one with the greater interest should have its law applied
      3. If state law is ignored will this lead to forum shopping?
         
         1. if yes, apply state

Question 3

List (5)

What are the five substantive issues where state law applies

Answer 3

1. Conflict/choice of law rues
2. Elements of a claim or defense
3. SOL
4. Rules for pausing/delaying SOL
5. Standard for granting new trial because jury award excessive or inadequate

Question 4

Eerie means there is no general federal CL

general CL of torts, Ks, property are state law and fed cts must apply state substantive law in diversity case