Example of Civ Pro Erie Issue Spotter

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corporatelaw87
Posts: 294
Joined: Tue Jun 09, 2009 7:26 pm

Example of Civ Pro Erie Issue Spotter

Postby corporatelaw87 » Fri Nov 12, 2010 7:40 pm

I'm pretty sure Erie will be on my test and I'm having trouble thinking of how my prof will ask an issue spotter pertaining to it. They'll be federal and state law, they'll probably conflict, then you decide which law to use based on Erie, Byrd, Hanna etc. Erie itself is tough because of all different cases addressing state v. federal law, but what should I except as a issue spotter Erie question, the question itself doesn't seem like it would be that hard.

Dman
Posts: 112
Joined: Wed Nov 26, 2008 11:28 am

Re: Example of Civ Pro Erie Issue Spotter

Postby Dman » Fri Nov 12, 2010 7:50 pm

Erie can show up in all kinds of places and be very different depending on the conflict. State v Fed Common law, State v. Statute, State V. FRCP. My prof ended up testing state v. Fed. Rules of Evidence which straddled nicely substantive and procedural applications making for a long and interesting analysis.

Erie is everywhere, not sure if you covered Dice, but a reverse Erie question (State court that has to apply Fed Substantive law) is always a devious possibility as well. The difficulty dealing with Erie issue spotting is not seeing an issue, but being over zealous and finding Erie issues where there are none.

corporatelaw87
Posts: 294
Joined: Tue Jun 09, 2009 7:26 pm

Re: Example of Civ Pro Erie Issue Spotter

Postby corporatelaw87 » Fri Nov 12, 2010 9:01 pm

My prof is giving short answers with like part a ,b, c etc. So if it is an Erie problem it will solely be Erie I think because there will most likely be separate short answers on PJ and SMJ etc.




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