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Hanna Doctrine
Posted: Fri Dec 07, 2012 11:55 am
by llachans
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
Re: Hanna Doctrine
Posted: Fri Dec 07, 2012 12:18 pm
by SportsFan
Apply the federal provision if its on point.
Re: Hanna Doctrine
Posted: Fri Dec 07, 2012 12:31 pm
by bk1
It's not that simple and very much depends on how your prof teaches Erie.
Re: Hanna Doctrine
Posted: Fri Dec 07, 2012 12:43 pm
by mr.hands
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
Re: Hanna Doctrine
Posted: Fri Dec 07, 2012 1:03 pm
by llachans
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!