Erie Doctrine

Description

(Civil Procedure) Mind Map on Erie Doctrine, created by caitlynbingaman2 on 29/11/2013.
caitlynbingaman2
Mind Map by caitlynbingaman2, updated more than 1 year ago
caitlynbingaman2
Created by caitlynbingaman2 about 11 years ago
41
0

Resource summary

Erie Doctrine
  1. Does Federal Judge have to follow state law?
    1. Erie: In diversity cases, federal judges must apply substantive law
      1. RDA 1652
        1. 10th Amendment
          1. Federal government cannot invade powers that are reserved to the states, and making of substantive law is for the states
          2. Substantive example: when someone is liable
            1. Hanna v. Plumer
              1. Hanna 2 Prongs
                1. 1. If there a federal directive on point? Some federal law that applies and conflicts with state law?
                  1. If YES, is it valid?
                    1. REA
                      1. An FRCP is valid if it doesn't modify substantive rights
                  2. Based on Supremacy Clause of Constitution
            2. 1. Outcome Determinative
              1. Guanteed Trust
                1. Statute of limitations (will always be substantive) would be outcome determinative
                2. Ignoring state law would cause a different outcome
                3. 3. Balance the interests
                  1. Byrd
                    1. Should apply state law unless federal court system has an interest in doing it differently
                    2. 2. Twin Aims of Erie
                      1. Hanna
                        1. 1. Avoid Forum Shopping
                          1. 2. Avoid Inequitable Administration of law
                            1. Question: If federal judge ignores this state law, will it cause parties to flock to federal court?
                          2. Analytical Appraoch to Solve Problems
                            1. 1. Hanna: Is there a federal directive on point?
                              1. Yes
                                1. Will win if it's valid, don't even do Erie analysis
                                2. No
                                  1. 2. Erie Analysis
                                    1. Is it outcome determinative?
                                      1. Balance of the Interests?
                                        1. Twin Aims?
                                          1. Will ignoring the state law cause parties to flock to federal courts?
                                            1. Lead to forum shopping?
                                              1. Inequitable administration of laws?
                                    Show full summary Hide full summary

                                    Similar

                                    Civil Procedure fill in the blank
                                    Roxie McCormick
                                    CIV PRO II: Pleadings - Complaints Quick Quiz
                                    davidhicks42
                                    1. Personal Jurisdiction
                                    caitlynbingaman2
                                    Subject Matter Jurisdiction
                                    lawschool
                                    Diversity Jurisdiction
                                    lawschool
                                    Preliminary Injunction and TPO Rules Portion 1
                                    Stephen Young
                                    Civil Procedure
                                    Michaela Seal
                                    Jurisdiction Fact Patterns Attack Plan
                                    pacbanks
                                    Capsule from Westlaw
                                    alicialee07
                                    Key Definitions
                                    alicialee07
                                    CivPro Cases
                                    alicialee07