Hanna Doctrine Forum

llachans · Post by **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 · Post by **SportsFan** » Fri Dec 07, 2012 12:18 pm

Apply the federal provision if its on point.

bk1 · Post by **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 · Post by **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 · Post by **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!

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