Erie

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
User avatar
perfunctory

Bronze
Posts: 280
Joined: Fri Oct 23, 2015 8:25 pm

Erie

Postby perfunctory » Mon Nov 21, 2016 6:53 pm

Want to make sure I have this down right.

Erie analysis steps:

0) Federal vs. state law clash.

1) Substantive or procedural? if substantive, state law wins.

2) If procedural, federal law generally wins but big exceptions:
a) FRCP or federal legislation? see if constitutional (doesn't abridge, modify, alter substantive rights given by state law)
i) If so, apply outcome-determinative test.
x) different outcome? use state law
y) hold up. not necessarily. think about twin aims. think about hanna reasoning. would it have forced plaintiff to file in federal court?

3) Byrd test - if not FRCP or federal legislation, but maybe federal common practice, balance interests. If it's something like 7th Amendment, law of Constitution, it's going to win vs. state.

Is this right? this is confusing

dabigchina

Silver
Posts: 1423
Joined: Mon Jan 13, 2014 2:22 am

Re: Erie

Postby dabigchina » Mon Nov 21, 2016 7:02 pm

I would be careful about taking advice about Erie. Some profs teach it pretty differently. For instance, I think my prof taught that Byrd should be analyzed as part of Hanna (or something, I don't really remember).

cavalier1138

Gold
Posts: 4954
Joined: Fri Mar 25, 2016 8:01 pm

Re: Erie

Postby cavalier1138 » Mon Nov 21, 2016 9:11 pm

dabigchina wrote:I would be careful about taking advice about Erie.


Yeah, Erie is not cut-and-dry doctrine, so I'd be extremely wary of any advice from someone who has not had your exact same professor and is comfortable with the topic. That entire line of cases is ridiculous.

User avatar
PeanutsNJam

Gold
Posts: 4568
Joined: Tue Jul 10, 2012 1:57 pm

Re: Erie

Postby PeanutsNJam » Tue Nov 22, 2016 1:24 am

My prof taught it the same way Freer did, so using his flow chart worked well, but yes professors teach it differently, and you should analyze an Erie issue the way your professor taught you to.

Erie is not cut-and-dry, but the arguments are concrete, and on an exam you just have to go through the analysis and analyze each issue. Go to your professor's office hours try to figure out what analytical framework he/she wants you to use. If he or she is hiding the ball and doesn't want to tell you, then Freer is a good starting point, but you will live and die by your class notes.

I can tell you your "2-a-i-x-y" analytical framework is off though. It's not "if procedural, federal law generally wins," it's "if procedural, move onto next step of the analysis." Your analysis is also missing the Rules Enabling Act in Hanna, which is pretty important.

User avatar
perfunctory

Bronze
Posts: 280
Joined: Fri Oct 23, 2015 8:25 pm

Re: Erie

Postby perfunctory » Tue Nov 22, 2016 11:21 am

Thanks!

Phil Brooks

Bronze
Posts: 272
Joined: Wed Apr 02, 2014 6:59 pm

Re: Erie

Postby Phil Brooks » Tue Nov 22, 2016 12:32 pm

1) (Hanna Holding) if there is a valid and pertinent federal statute (or rule pursuant to statute), it applies
--Valid = it complies with the Rules Enabling Act (not abridge, modify, enlarge any substantive right)
--Pertinent = it covers the issue

2) (Hanna Dictum) if not, and it's state law vs. federal common law, you do the outcome-determinative test,

UNLESS there are affirmative countervailing considerations to use the federal law (Byrd)

User avatar
perfunctory

Bronze
Posts: 280
Joined: Fri Oct 23, 2015 8:25 pm

Re: Erie

Postby perfunctory » Thu Nov 24, 2016 2:42 pm

question. is it okay to look at bar exam civ pro mcs for practice?

User avatar
axel.foley

Bronze
Posts: 116
Joined: Thu Apr 26, 2012 11:44 pm

Re: Erie

Postby axel.foley » Thu Nov 24, 2016 11:46 pm

abridge/enlarge/modify is a separate inquiry than constitutional (respectively step 2 and 3 of the Hanna analysis). the former is §2072.

don't forget step -1: are you in a fed court sitting in diversity?

BigZuck

Diamond
Posts: 11731
Joined: Tue Sep 04, 2012 9:53 am

Re: Erie

Postby BigZuck » Fri Nov 25, 2016 12:22 am

perfunctory wrote:question. is it okay to look at bar exam civ pro mcs for practice?

Is Erie even on the bar exam? I passed the bar recently and can't remember there being anything about Erie on the exam or during my prep. But I might have just removed all that garbage from my memory.



Return to “Forum for Law School Students?

Who is online

Users browsing this forum: No registered users and 11 guests