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    Federal Jurisdiction Flowchart

    Uploaded by

    Leidy Johanna
    This document provides a decision tree for determining whether federal or state law applies in a legal case. It first asks if the cause of action arises under federal law - if yes, federal law applies under the Supremacy Clause. If no, it then asks if there is a conflict between state and federal law on the matter - if no, federal procedural and state substantive law apply, if yes it asks if there is an arguably procedural federal directive on point, and if yes federal law applies, if no it considers other factors to determine if the matter is procedural or not to decide whether state or federal law applies.

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    Federal Jurisdiction Flowchart

    Uploaded by

    Leidy Johanna
    479 views1 page
    This document provides a decision tree for determining whether federal or state law applies in a legal case. It first asks if the cause of action arises under federal law - if yes, federal law applies under the Supremacy Clause. If no, it then asks if there is a conflict between state and federal law on the matter - if no, federal procedural and state substantive law apply, if yes it asks if there is an arguably procedural federal directive on point, and if yes federal law applies, if no it considers other factors to determine if the matter is procedural or not to decide whether state or federal law applies.

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    Federal Jurisdiction Flowchart

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    This document provides a decision tree for determining whether federal or state law applies in a legal case. It first asks if the cause of action arises under federal law - if yes, federal law applies under the Supremacy Clause. If no, it then asks if there is a conflict between state and federal law on the matter - if no, federal procedural and state substantive law apply, if yes it asks if there is an arguably procedural federal directive on point, and if yes federal law applies, if no it considers other factors to determine if the matter is procedural or not to decide whether state or federal law applies.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    479 views1 page

    Federal Jurisdiction Flowchart

    Uploaded by

    Leidy Johanna
    This document provides a decision tree for determining whether federal or state law applies in a legal case. It first asks if the cause of action arises under federal law - if yes, federal law applies under the Supremacy Clause. If no, it then asks if there is a conflict between state and federal law on the matter - if no, federal procedural and state substantive law apply, if yes it asks if there is an arguably procedural federal directive on point, and if yes federal law applies, if no it considers other factors to determine if the matter is procedural or not to decide whether state or federal law applies.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 1

    CMR

    APPROACH CHART

    APPROACH TO ERIE QUESTIONS

    Does the cause of action arise under the federal Constitution, statutes, laws, or treaties?

    Yes

    Federal law applies under the Supremacy Clause.

    No

    Is there a conflict between state and federal law on a particular matter?

    No

    No Erie problem; federal procedural and state substantive law apply.

    Yes

    Is there an arguably procedural federal directive on point?

    No

    Is the matter procedural (court considers outcome determination, balance of interests, and deterrence of forum shopping)?

    No

    State law applies.

    Yes

    Yes

    Federal law applies.

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