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Erie Doctrine Flowchart

This is a very basic chart for analyzing an Erie problem. As my professor said 100x in class., it's not getting the law down, that's the problem; it's actually spotting the issue that is going to lead to using this chart that poses a problem for students. Either way, having it broken down into the most simplistic terms certainly helped me understand it.

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Elizabeth Andonova
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5K views1 page

Erie Doctrine Flowchart

This is a very basic chart for analyzing an Erie problem. As my professor said 100x in class., it's not getting the law down, that's the problem; it's actually spotting the issue that is going to lead to using this chart that poses a problem for students. Either way, having it broken down into the most simplistic terms certainly helped me understand it.

Uploaded by

Elizabeth Andonova
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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ERIE DOCTRINE Is there a conflict btw fed. & state law?

Is the claim clearly substantive? Issue of reg. of how people live & relate to each other = substance. Manner in which such regs are enforced = procedure.

"#$s adopted by %.&t. 'nder auth. delegated by &ongress in #() Pretty much a non* issue.

A!!ly state law# Re+uired by ,-./01 RDA 2 -3th Amdt#

No

Is there a federal rule statute on !oint that conflicts w state law? "i#e#$ Const#$ fed# statute$ fed# rule$ REA%?

Yes

A!!ly Const# or fed# (tatute# )*T a!!ly fed# rule I& REA a!!roves#

Outcome Determinative +Guaranty, If you ignore state law will you get a diff. outcome than if you apply it?

Erie: Const. Decision based on Art. III + Art. I Necessary & Proper Clause

No

Yes apply state law.


Is there a collision?

Hanna Modified ODT Twin Aims Test

&orum sho!!in'

Ine+uitable admin of law

31 degree not absolute. 4reater li.elihood of forum shopping greater reason to apply state law & vice versa.

If fed. -udge ignores this state law will it cause parties to floc. to fed. &t? If yes unfair to citi/ens in state b0c they can$t invo.e diversity & promotes forum shopping.

Conce!t1 people in fed. ct. for diversity shouldn$t get significantly diff. 2utcomes from people in state ct. b0c they can$t go to fed.

)yrd )alancin' form & mode should generally defer to state unless fed. Policies would be compromised

&ederal

No

If not obviously substantive should apply state law unless fed ct. sys. !as interest in doing it differently.
EJA 1 !"#! "1$

Yes

(tate

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