REA Pathway

Question 1

When do we go REA?

Answer 1

When the Rule is on point or in direct collision

HANNA PRONG

Question 2

Sibbach Test

Answer 2

(1) Is the FRCP really a rule of practice and procedure – does it involve a manner and means by which rights are enforced
(2) Does the FRCP abridge, enlarge, or modify any state substantive right? REA §2072

Question 3

What does Scalia think of FRCP in Shady Grove?

Answer 3

If it is in the FRCP, it is arguably procedural

Question 4

What does Brennan think of the FRCP in Shady Grove?`

Answer 4

There needs to be more focus on the abridge, enlarge, or modify portion to ensure state substantive rights are not infringed upon.

Question 5

Has the SC ever held a FRCP to be invalid under this test?

Answer 5

NO

Question 6

Application:

Answer 6

(1) Reasons why the FRCP is on point
(2) Reasons why the FRCP is procedural
(3) Reasons why it doesn’t abridge, enlarge, or modify state substantive rights