Q1 Flashcards
When should a Federal Court follow state laws? (Erie problem)
In a case where there is a true Erie problem
- IF an “affirmative answer” can be made to either OR both questions presented in the “twin-aims” analysis
When should a Federal Court follow Federal common law rules? (Erie problem)
In a case where there is a true Erie problem
- IF the “twin-aims” analysis yields no clear affirmative answer to either question
(THEN) the court may apply the federal common law rule
- WHEN it relates to the judge-jury relationship AND
- supports the 7th Amendment’s obligations in regard to a jury trial
When should a state court follow the Federal Rules of Civil Procedure?
If the Federal Rule is valid = the Federal Rule preempts any state rule with which it inescapably conflicts
Federal Common Law Rule
= judge made rule or practice of long standing
Federal Rules of Civil Procedure
=
Erie problem
- When do we have a true Erie problem?
= were a conflict exists between a federal common law rule and a state law
Erie problem
- What must a court consider in a in a true Erie problem?
The court must consider the “twin aims” test
Hanna decision
= a court must ask whether application of the federal rule would cause
- forum shopping OR
- inequitable administration of the laws
(IF) an “affirmative answer” can be made to either OR both questions
(THEN) the state law should be applies
(NOT) if the “twin-aims” analysis yields no clear affirmative answer to either question
(THEN) the court may apply the federal common law rule
- when it relates to the judge-jury relationship AND
- supports the 7th Amendment’s obligations in regard to a jury trial
In a case where there is a true Erie problem, what follows when the “twin-aims” analysis yields no clear affirmative answer to either question?
IF the “twin-aims” analysis yields no clear affirmative answer to either question
(THEN) the court may apply the federal common law rule
- WHEN it relates to the judge-jury relationship AND
- supports the 7th Amendment’s obligations in regard to a jury trial
In a case where there is a true Erie problem, what follows if an affirmative answer can be made to either or both questions presented in the “twin-aims” analysis?
IF an “affirmative answer” can be made to either OR both questions
(THEN) the state law should be applied
Issue in an Erie problem hypo
Should a court follow a tort rule included in a state’s body of procedural rules?
(1) When it conflicts with a federal common law rule, or
(2) when it appears to conflict with a Federal Rule of Civil Procedure
When is a Federal Rule “valid”?
when the Federal Rule is
- within Congress’s constitutional power to enact and
- does not run afoul of the Rules Enabling Act
Key: effect of a Federal Rule being “valid”
= that Federal Rule preempts (displaces) any state rule with which it inescapably conflicts
When does a Preemption Issue arise?
= arises most frequently when the federal law involved in an Erie problem is found in the Federal Rules of Civil Procedure
Key: (in Q) “P opposes this motion and contends… Federal Rules of Civil Procedure prohibits…”
= (in A) “Preemption issue arises”
When does a Federal Rule preempt any state rule with which it inescapably conflicts?
If the Federal Rule is valid - that is, within Congress’s constitutional power to enact and does not run afoul of the Rules Enabling Act
When does a rule included in a state’s body of procedural rules conflict with a federal common law rule?
In Q: P opposes motion and contends “A federal common law rule (judge-made rule or practice) of long standing prohibits the imposition of…”