Hanna Doctrine

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
llachans
Posts: 597
Joined: Wed Aug 24, 2011 12:54 pm

Hanna Doctrine

Postby llachans » Fri Dec 07, 2012 11:55 am

Under these situations, which one "wins" and why?

1. US Constitution v. state law
2. Federal statute v. state law
3. FRCP v. state law
4. Federal judicial practice v. state law

SportsFan
Posts: 722
Joined: Thu Oct 11, 2012 5:26 pm

Re: Hanna Doctrine

Postby SportsFan » Fri Dec 07, 2012 12:18 pm

Apply the federal provision if its on point.

User avatar
bk1
Posts: 18422
Joined: Sun Mar 14, 2010 7:06 pm

Re: Hanna Doctrine

Postby bk1 » Fri Dec 07, 2012 12:31 pm

It's not that simple and very much depends on how your prof teaches Erie.

mr.hands
Posts: 892
Joined: Fri Jul 13, 2012 4:23 pm

Re: Hanna Doctrine

Postby mr.hands » Fri Dec 07, 2012 12:43 pm

First three are pretty consistently in favor of the federal rule/law/Constitution. Once you get into federal practice, you have to apply the Hanna test and get into the weeds

llachans
Posts: 597
Joined: Wed Aug 24, 2011 12:54 pm

Re: Hanna Doctrine

Postby llachans » Fri Dec 07, 2012 1:03 pm

mr.hands wrote:First three are pretty consistently in favor of the federal rule/law/Constitution. Once you get into federal practice, you have to apply the Hanna test and get into the weeds


Thank you! This was what I thought!




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: esrom55 and 11 guests