Mid Term

Question 1

Erie Doctrine

1) Procedural Laws = 
2) Substantive Laws =

Answer 1

1. Fed Law

2. State Law

Question 2

Rules of Decision Act / RDA

Answer 2

The laws of the several states, except where the Constitution, treaties, laws control,
— shall be rules of decision in CIVIL ACTIONS

Question 3

Swift Case

Answer 3

In Fed Ct and Fed Judges can interpret the law too thus “Federal General Common Law” - Fed Judge made law

Question 4

Erie Case

Answer 4

Laws of Several States (LOSS) in RDA means State common law decisions too
State = substantive law
Fed = FRCP / Procedural Law

Question 5

Dual Aims of outcome - Erie Doctrine

Answer 5

1. Discouraging Forum Shopping

2. Promote Uniformity in Outcomes

Question 6

Byrd Case

Answer 6

You Apply State Laws except where you have a Federal Constitutional Rule that addresses the same issue -
BALANCE- State Interests vs. Fed Interests

Question 7

Rules Enabling Act

Answer 7

Supreme Court the power to make rules of procedure and evidence for federal courts as long as they did not “abridge, enlarge, or modify any substantive right.”
- Give courts the power to develop rules for federal courts

Question 8

Hanna case

Answer 8

Hanna Two-Part Test Simplified
(1) If there is a valid Federal Rule on the subject, then
Fed Rule is to be applied.

(2) In the absence of a federal rule on the point the court is to consider the problem in light of the twin aims of the Erie rule,
(a) discourage forum shopping and
(b) avoid inequitable administration of laws. (Different results between state and federal courts.)

Question 9

Reverse Erie

Answer 9

Fed law being applied in state ct

Question 10

R 20

Answer 10

Joinder Parties:

(1) Ride along π:
- –> same STOO + a common matter of law/fact

(2) Multiple ∆:
- –> same STOO + a common matter of law/fact

Question 11

R 18

Answer 11

Joinder Claims

Question 12

R 13a

Answer 12

Compulsory Counter Claim

Question 13

R 13b

Answer 13

Permissive Counter Claim - not STOO

Question 14

FRCP 13(g)

Answer 14

Cross Claim - party may state claim against co-party.

STOO w/ original claim

Question 15

FRCP 14

Answer 15

Impleading Third Parties ; Defendant brings in third party for
Contribution or Indemnity

Question 16

R 19

Answer 16

REQUIRED Joinder of Parties / Must be if:
1. w/o the court cannot accord complete relief among existing parties
~or~
2. they claim an interest + disposal would impede their rights or leave existing party possibly subject to multiple inconstant obligations

** the standards a court should apply in determining whether a lawsuit should go forward in the absence of a necessary party

Question 17

R 22

Answer 17

Interpleader -
1. Expose the plaintiff to multiple liability
w/o defs even though claims lack a common origin or plaintiff denies liability to defs

• stakeholder
• claimant

(1335 = statutory)

Question 18

R 24

Answer 18

Intervention -
[Wants to beak into litigation]

1, Of Right - claims right to property and disposing w/o would impede his rights to protect interest

2. Permissive - has a claim or defense that shares with the main action a common question of law or fact.

Question 19

1367

Answer 19

Supp JDX

- CNOF w/ other claim

Question 20

REA - Rules Enabling Act

Answer 20

Supreme Ct can make rules of procedure and evidence (FRCP) and they are constitutionally valid

Question 21

§ 1335.

Answer 21

Statutory Interpleader 
SMJ = ok
$500+
Minimal Diversity 
Venue = wherever any claimant 
Per JDX = Nationwide Service of Process

Question 22

Guaranty Trust v. York

Answer 22

Outcome determinative test

Question 23

When is an absentee party a necessary party?

R.19

Answer 23

If one of the following is met:

1. P can’t get complete relief without A,
2. A’s own interests could be harmed if he’s not joined,
3. without A, D might be subject to multiple obligations

Question 24

When is it not possible to join a necessary party?

Answer 24

1. When there is no PJ over A, or

2. When joining A would mess up diversity of citizenship in a case that is in federal court on diversity.

Question 25

If a necessary party cannot be joined, what are the court’s options?

Answer 25

A. Dismiss the case, or

B. Carry on without A.

Question 26

If the court dismisses a case because A cannot be joined, what is A called?

Answer 26

An indispensable party.

Question 27

What does the court consider in deciding whether to dismiss a case or allow it to carry on without a necessary party?

Answer 27

1. Whether there’s an alternative forum where the case could properly join all the necessary parties,
2. What the real likelihood of harm is to anyone if the case proceeds without A,
3. Whether the court can do something to shape it’s order that would avoid the harm to the party.