Category: Civil Procedure
-
Understanding the Erie Doctrine: A Pillar of Federal-State Legal Dynamics
In the tapestry of American jurisprudence, few doctrines have had as transformative an impact as the Erie Doctrine, established by the Supreme Court in the 1938 decision of Erie Railroad Co. v. Tompkins. This doctrine redefined the application of state law in federal courts and reshaped the interaction between federal and state legal systems. This…
-
Understanding the Byrd Balancing Test: A Landmark in Federal Jurisprudence
In the realm of U.S. federal jurisprudence, few principles have been as pivotal as the Byrd Balancing Test, a doctrine shaped by the 1956 Supreme Court decision in Byrd v. United States. This doctrine is essential for understanding how federal courts decide whether to apply state law or federal law, especially in matters related to…
-
Erie Doctrine Attack Sheet
ERIE SUMMARY – CHECKLIST Federal Law Applies (in federal courts): Substantive Law: Rules of Decision Act Federal Statute Federal Constitution Federal Treaty Federal Common Law Application of Uniform Federal Interest Triggered by uniquely federal interest requirements: admiralty, intrastate, international, etc cases Procedural Law: Federal Statute Federal Constitution Federal Treaty Rules Enabling Act…
-
Civ Pro Attack Sheet Law School
Pleadings in federal cts – regime of notice pleading but in testing out individual pleadings, ct no longer will just endorse broad conclusions they used to endorse. Plausibility – what’s pled & form in which its pled, plausibly states a coa in the context of that particular case Didn’t overturn some of the forms of…
-
Civil Procedure and the Erie Doctrine
The Erie Doctrine When should a federal court apply federal law, and when should it apply state law? 28 USC §1652: Rules of Decision Act The laws of the states, except where the constitution, treaties, or US statutes shall otherwise require or provide, shall be regarded as rules of decision in trials at common…
-
Personal Jurisdiction Flow Chart – Civil Procedure 1 (1L)
Follow the flow chart to establish or deny personal jurisdiction: