Law Applied in Federal Court

In diversity of citizenship or alienage cases, claims are based on [..1..] law and do not arise under [..2..] law

state, federal

The Erie Doctrine dictates whether a federal court in a diversity case must [..1..] state law or is free to [..2..] state law on a particular issue

apply, ignore

Erie Step 1(a): Ask if there is a federal law that is [..1..] and directly [..2..] with state law

on point, conflicts

Erie Step 1(b): If a federal law is on point and conflicts with state law, apply the [..1..] law, provided—based on the [..2..] Clause—it is [..3..]

federal, Supremacy, valid

Under Erie Step 1, a FRCP is [..1..] if it is arguably [..2..]

valid, procedural

Under Erie Step 1, FRCPs are presumptively […]

valid

Erie Step 2: If there is no [..1..] law on point, the federal judge must apply [..2..] law if the issue to be decided is [..3..]

federal, state, substantive

Erie Step 2: A clearly substantive issue requiring application of state law is rules for [..1..] or [..2..] of law

conflict, choice

Erie Step 2: A clearly substantive issue requiring application of state law includes elements of a [..1..] or [..2..]

claim, defense

Erie Step 2: A clearly substantive issue requiring application of state law includes [....] of limitations

statutes

Erie Step 2: A clearly substantive issue requiring application of state law includes rules for [...] the statute of limitations

tolling

Erie Step 2: A clearly substantive issue requiring application of state law is:

the standard for granting a new trial because the jury's [..1..] award was [..3..] or [..4..]

damages, excessive, inadequate

Erie Step 3 applies if there is no [..1..] law on point AND the issue is not [..2..] substantive

federal, clearly

Erie Step 3: The Outcome Determinative Test asks if applying or ignoring the state rule would affect the [..1..] of the case. If so, it is probably [..2..]

outcome, substantive

Erie Step 3: The Balance of Interests Factor considers if either the federal or state system has a [..1..] interest in having its rule applied. The system with the [..2..] interest usually should have its law applied

strong, stronger

Erie Step 3 Avoid Forum Shopping Factor: If ignoring state law causes parties to flock to [..1..] court to avoid state law, the federal court should probably apply [..2..] law

federal, state

The Erie Doctrine means there is no [..1..] federal [..2..] law and federal courts must apply state [..3..] law in diversity cases for general law areas like torts, contracts, and property

general, common, substantive

An area of specific federal common law where federal courts are free to make up common law is […] relations

international

An area of specific federal common law where federal courts are free to make up common law is […]

admiralty

An area of specific federal common law includes [..1..] between [..2..]

disputes, states

An area of specific federal common law is the right to sue a federal [..1..] for violating a federal [..2..]

officer, right

Federal common law governs the [..1..] effect (claim preclusion or issue preclusion) of a [..2..] judgment

preclusive, federal