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5 Cards in this Set
- Front
- Back
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Choice of Law; Diversity
Erie Doctrine |
In diversity Cases, or federal question cases not governed by federal law, federal courts apply:
1) State substantive common/ statutory law; 2) Federal procedural law Note: SL are considered substantive state law. |
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Choice of Law; York
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Substantial outcome determinative test.
Suit in federal court, rather than state court, should not substantially affect the enforcement of state-created rights. |
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Choice of Law ; Byrd
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Court must balance; 1) state interest against; 2) the federal interest, diminished by outcome determinative effect.
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Choice of Law; Hannah
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Two-Part Test; 1) FRCP on point, then it should be applied, even if conflicts with state law or provide a different outcome.
2) Outcome determinative test; No federal rule on point, will there be different outcome, if yes.. go state law. |
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Conflicts of Laws
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If fed. court bound by state law, and multiple states, federal court applies the state law in which it sits.
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