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3 Cards in this Set
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- Back
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What is the Erie Doctrine?
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The βErie Doctrine,β named after the Supreme Court case Erie Railroad Co. v. Tompkins (1938), states that if a federal court is hearing a case that deals with a state law issue, it should apply the stateβs substantive law, rather than relying on βfederal common law.β When making civil procedure decisions, however, the federal court may use the Federal Rules of Civil Procedure instead of the stateβs rules.
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Federal Judiciary Act of 1789, the Rules of Decision Act provides
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The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.
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