Pg 15 Flashcards
If a federal provision directly contradicts a state law, what is the hierarchy for choice of law regarding Erie?
The federal one will prevail
What happens when there’s a constitutional provision that is directly contradictory of a state law?
The constitutional provision prevails because of supremacy, regardless of whether it is substantive or procedural.
Ie: seventh amendment right to a jury trial prevails even if states don’t have this.
What happens when a federal statute directly contradicts a state law?
Statutes are supreme under the supremacy clause, so they prevail. Must ask if Congress had the authority to enact the statute, and if the statute is arguably procedural, then it prevails.
What happens when a federal rule of civil procedure directly contradicts a state law?
The federal rule prevails. Congress has the power to authorize the Supreme Court to adopt federal rules if they are rationally capable of being classified as procedural regulations. Unless the rule abridges, enlarges, or modifies a substantive right, the federal rule prevails
If there’s a direct contradiction between a federal judicial practice and a state law, which one prevails?
The state law prevails over accepted judicial practices of federal judges if the difference could be outcome determinative
How do you discuss Erie on an essay?
Start by saying that federal courts in diversity apply the choice of law of the state where the federal court sits.
– Step One: is it the kind of choice of rule that, when the plaintiff decides where to file the case, makes him choose federal court or vice versa?
– Step Two: does the federal court’s persistence in applying their own rule make them diverge from the state court’s results on the same state law issues?
- Step Three: is the issue substantive or procedural?
* substantive: If it is outcome determinative, from the perspective of the plaintiff deciding where to file suit, federal court applies state law.
* procedural: If not then federal court follows its own law
What is an overview of an Erie essay approach?
First apply York and Byrd, then take into account the primary goals of Erie to avoid forum shopping and the unequal administration of the laws, then look at the outcome and balance the interest
What is the best essay approach for an Erie essay?
- ask if Erie applies to this COURT. If the case is not being decided by a federal court, then Erie is not relevant
– ask if Erie applies to this CASE. If a federal court is not deciding a state law claim, then Erie doesn’t apply - ask if the issue is substantive or procedural. If the issue is outcome determinative as judged from the perspective of the plaintiff deciding where to file suit, then it is substantive and the federal court must apply state law. If not, it is procedural and the federal court follows federal law
What is reversed Erie?
The state court makes a determination that involves federal law. Use the Byrd balancing approach and ask if the federal interest is important enough to outweigh the state interest. This is applied when the plaintiff files claims in state court that are based on federal statute
What does pleading do?
- gives notice of the nature of the claim or defence
- identifies baseless claims
– sets each party’s view of the facts
– narrows the issues
What is required for a pleading?
Short and plain statements of claim that show the plaintiff is entitled to relief, plus certification that the pleading isn’t frivolous. Pleading includes a complaint and an answer
What does an answer include?
Counter-claims and cross-claims
What are examples of people that can sue in their own names without joining the person that is benefitting from the action?
Executive administrators, guardians, bailees, trustees, parties that have contracts for others, those authorized by state, etc.
Can partnerships and unincorporated associations be sued in their common name?
Yes
Can a minor or incompetent have a representative sue for them?
Yes
