Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
15 Cards in this Set
- Front
- Back
|
Erie Doctrine - Usually |
Apply substantive state law and federal procure.
|
|
|
Swift v. Tyson
|
Check Fraud. RDA only means statutes. not common law.
|
|
|
Rules Decision Act (RDA)
|
State law applies except for Constitution and acts of congress.
|
|
|
Erie RR v. Tompkins
|
Train door injury. RDA applies to state common law as well. Rejects Swift.
|
|
|
Guaranty Trust v. York
|
(RDA) Outcome determinative test.
|
|
|
Outcome-determinative test
|
(RDA)Where outcomes differ. apply state law.
|
|
|
Ragan v. Merchants Transfer
|
(RDA) Kansas SoL. When is the action commenced?
|
|
|
Byrd v. Blue Ridge
|
(RDA) Outcome is not the only thing. Countervailing federal interest.
|
|
|
Countervailing Federal Interest
|
Can overcome state law in RDA cases.
|
|
|
Hanna v. Plumer
|
Served the wife. (REA) Contradicting FRCP overrides state law.
|
|
|
Rules Enabling Act (REA)
|
Empowers SCOTUS to make procedural rules. FRCP.
|
|
|
Hanna I
|
(REA) FRCP must be on point. If not then state law applies.
|
|
|
Hanna II
|
(RDA) Apply twin aims of Erie. Forum Shopping. Inequitable administration of law.
|
|
|
Walker v. Armco
|
(REA) SoL. FRCP 3 is not on point.
|
|
|
Gasperini v. Shady Grove |
Lost Slides with high damages. Applied state statute "deviates materially" with Fed standard of review "abuse of discretion". |
