Erie doctrine...

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Erie doctrine...

Postby bchereicome » Thu Sep 10, 2009 8:09 pm

I am seriously struggling with understanding the Erie doctrine. Does anyone have any good advice or a flowchart they could share?


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Re: Erie doctrine...

Postby steve_nash » Thu Sep 10, 2009 9:54 pm

I might be able to help you better if I know exactly what you are struggling with. Just in general? How to analyze?

I don't have a flow chart, but here are three possible resources you could look to (I know I did with that Erie):

1) Arthur Miller's CP hornbook
2) E&E
3) Richard Freer's CP hornbook

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Re: Erie doctrine...

Postby ObviouslyMasochistic » Thu Sep 10, 2009 10:10 pm

The abridged Erie outline here looks pretty good...

I used it for my Civ Pro exam and did fine.

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Re: Erie doctrine...

Postby Ignatius J. Reilly » Sat Sep 12, 2009 2:08 pm

The way we were taught is that the Hanna tests are the ones you're supposed to use. I have posted below a very quick outline of the Hanna tests that worked well for me. You obviously still need to know the other cases to make sense of the Hanna tests, but this is the framework for analysis that I used on the exam.

B. Hanna Tests Outlined

(1) If there is a Fed. R. Civ. P. that is on point

--Is there a conflict between the Fed Rule and the State Practice?

--If no, the court can apply both with no problem

--If yes, is it constitutional and in line with the Rules Enabling Act? (Doesn’t abridge, enlarge, or modify any substantive right)

--If yes, then use the Fed Rule

--If no (it DOES abridge, enlarge, or modify a substantive right), then use the State Rule

(2) If there is no Fed R. Civ. P. on point

--Is there a conflict between a Fed Practice and State Law?

--If no, then it’s fine

--If yes, then does the Fed Practice encourage forum shopping or result in an inequitable administration of the law?

--If no, then use the Fed Practice

--If yes, then use the State rule unless there are substantial federal countervailing considerations (ex 7th amendment)

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Re: Erie doctrine...

Postby reverendt » Sat Sep 12, 2009 2:30 pm

Glannon's E&E is pretty good.

The best way I found to break it down in my head was to assess the different treatments given to 1) Judge made law; 2) statutes; 3) federal rules; 4) US constitution.

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Re: Erie doctrine...

Postby Grad_Student » Sat Sep 12, 2009 2:31 pm

wtf is Erie lol

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