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    Diversity. If The Case Involves Federal Question Jurisdiction, FRCP Applies

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    Nam Giao Do
    The document discusses when state rules apply in federal court versus when federal rules of civil procedure apply. It notes that state rules normally do not apply in federal court, but may if they do not conflict with federal judicial practice or rules authorized by Congress. When determining if a conflict exists, the document examines if the state rule is outcome determinative or if there is a strong federal policy against applying the state approach by looking at precedents from York and Byrd.

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    Diversity. If The Case Involves Federal Question Jurisdiction, FRCP Applies

    Uploaded by

    Nam Giao Do
    52 views1 page
    The document discusses when state rules apply in federal court versus when federal rules of civil procedure apply. It notes that state rules normally do not apply in federal court, but may if they do not conflict with federal judicial practice or rules authorized by Congress. When determining if a conflict exists, the document examines if the state rule is outcome determinative or if there is a strong federal policy against applying the state approach by looking at precedents from York and Byrd.

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    The document discusses when state rules apply in federal court versus when federal rules of civil procedure apply. It notes that state rules normally do not apply in federal court, but may if they do not conflict with federal judicial practice or rules authorized by Congress. When determining if a conflict exists, the document examines if the state rule is outcome determinative or if there is a strong federal policy against applying the state approach by looking at precedents from York and Byrd.

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    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    52 views1 page

    Diversity. If The Case Involves Federal Question Jurisdiction, FRCP Applies

    Uploaded by

    Nam Giao Do
    The document discusses when state rules apply in federal court versus when federal rules of civil procedure apply. It notes that state rules normally do not apply in federal court, but may if they do not conflict with federal judicial practice or rules authorized by Congress. When determining if a conflict exists, the document examines if the state rule is outcome determinative or if there is a strong federal policy against applying the state approach by looking at precedents from York and Byrd.

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    Attribution Non-Commercial (BY-NC)
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    These charts only apply to state cases that are in federal court because of complete diversity.

    If the case involves federal question jurisdiction, FRCP applies.


    State rule not normally used in federal court, but no federal rule or statute against it. state's rule conflicts with federal judicial practice, but not with any rule created or expressly authoritzed by Congress

    NO CONFLICT. Is the state rule bound with the rights and obligations of the parties?

    Is there a conflict between state and federal law?

    NO. Twin aims 1) Forum Shopping 2) Equitable administration of the law

    YES State rule is substantive

    Balance considerations and precedents York and Byrd

    YORK: is it outcome determinative?

    BYRD: is there strong federal policy injured by applying the state appraoch?

    Apply the State rule.

    Is there a conflict between state and federal law?

    Yes

    Constitution --apply constitution

    If the claim concerns Federal statute, then is it rationally capable of being procedural?

    FRCP. Is the federal rule valid under the REA (can't enlarge subst. rights)?

    H: primary, ex ante conduct?? S: not only that, does it materially alter subst. law?

    Harlan -->

    RDA (fed cts apply state law unless there's a conlficting fed stat or constit. provision

    Does it "substantially" regulate procedure? (SIbbach)

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