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5 Cards in this Set

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  • Back
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.
Choice of Law; York
Substantial outcome determinative test.

Suit in federal court, rather than state court, should not substantially affect the enforcement of state-created rights.
Choice of Law ; Byrd
Court must balance; 1) state interest against; 2) the federal interest, diminished by outcome determinative effect.
Choice of Law; Hannah
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.
Conflicts of Laws
If fed. court bound by state law, and multiple states, federal court applies the state law in which it sits.