Outline - Flow Chart- Erie Doctrine PDF

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Summary

criminal law outline 1l semester
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Description

Erie Doctrine

Amy Pedagno

What is the basis of the claim?

Federal Question

Federal law applies

Diversity/ Supplemental Jurisdiction Over State Law Claim State Law

What is the source of law?

Constitution

Statute

After Erie R.Co. v. Tompkins overturned Swift v. Tyson, the source of state law is irrelevant

Federal Rule

Judge-Made Guaranty Trust v. York Outcome Determinative

Does it apply? Yes

No Walker v. Armco Steel Gasperini v. Center Humanities

Erie Doctrine Erie RR Co. v. Tompkins

Byrd v. Blue Ridge Electric Co. Balancing OD with federal interest

Hanna v. Plumer Twin Aims: Avoid forum shopping Avoid inequitable administration of the law

Stewart v. Ricoh Burlington Northern v. Woods

Is it valid?

Consistent with REA?

Note: Gasperini v. Center for Humanities did a combination Hanna/Byrd analysis.

Constitutional?

Rules Enabling Act (§ 2072) o Procedure:  (a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals. o Substantive rights proviso:  (b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.

No federal rule has ever been declared unconstituional...