Erie analysis flow chart, Cheat Sheet of History of Law

Download Erie analysis flow chart and more Cheat Sheet History of Law in PDF only on Docsity! START: Is the federal court entertaining only a federal cause of action? Yes No The court has no obligation to use a state rule ? there is no "Erie" problem to address. Why? Example Qualifications Is there a federal constitutional provision that addresses the matter? Yes The federal constitutional provision must be used. Why? Example No Is there a federal statute that applies to the matter? Yes Is the federal statute valid? Is what is regulated rationally classifiable as procedural? Why? Yes The federal statute must be used. Example Qualifications/Questions No Is there a Federal Rule of Civil Procedure that applies to the matter? Is the FRCP valid? 1) is what it regulates rationally classifiable as procedural? 2) does it not abridge, enlarge, or modify any substantive right? Why? Qualifications/Questions Yes No No No The federal court is in what is called the ?relatively-unguided? Erie track. Any federal law governing the matter would be federal common law. Examples Is the federal procedural common law rule contrary to a state law rule that is bound up with the state-law cause of action? Why? Yes No The state law rule must be used. Its use is constitutionally compelled. Example Qualifications/Questions Does the difference between federal procedural common law and forum state law frustrate the twin aims of Erie? Would the difference lead to forum shopping and the inequitable administration of the laws? Why? Qualifications/Questions No Use the federal procedural common law rule. Example Yes Probably should use the standard that would be used by a forum state court, unless sufficiently strong countervailing federal interests recommend using the federal common law rule that is uniform in the federal court system. Why? Example Erie Flowchart Examples