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  • Applying The Hanna/Erie Doctrine: Yes No Yes

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    Molly Eno
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    The document discusses the Hanna/Erie Doctrine, which establishes that in federal diversity cases, federal courts must apply state substantive law and federal procedural law. It provides two reasons for this: 1) the 10th Amendment reserves non-delegated powers to the states, and 2) the Rules Decision Act requires federal courts to apply state law in matters of substance. The flowchart then outlines the steps a federal court must take to determine whether to apply federal or state law in a given case.

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    Original Title

    Hanna Erie Flowchart

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    The document discusses the Hanna/Erie Doctrine, which establishes that in federal diversity cases, federal courts must apply state substantive law and federal procedural law. It provides two reasons for this: 1) the 10th Amendment reserves non-delegated powers to the states, and 2) the Rules Decision Act requires federal courts to apply state law in matters of substance. The flowchart then outlines the steps a federal court must take to determine whether to apply federal or state law in a given case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    10 views1 page

    Applying The Hanna/Erie Doctrine: Yes No Yes

    Uploaded by

    Molly Eno
    The document discusses the Hanna/Erie Doctrine, which establishes that in federal diversity cases, federal courts must apply state substantive law and federal procedural law. It provides two reasons for this: 1) the 10th Amendment reserves non-delegated powers to the states, and 2) the Rules Decision Act requires federal courts to apply state law in matters of substance. The flowchart then outlines the steps a federal court must take to determine whether to apply federal or state law in a given case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Applying the

    Hanna/Erie Doctrine
    Black Letter Rule:
    In diversity cases, a
    Federal Case Under federal court must apply
    state substantive law.
    Diversity Two Reasons:
    1. The 10th Amstates that
    Is there a federal any law not specifically
    provision on point that granted to the federal
    directly conflicts? govmt must be retained by
    the states
    2. TheRules of Decision
    Act (RDA), Now §1652

    Yes Apply federal law


    as long as it's
    No Is the issue
    valid/arguably procedural substantive and outcome
    under Rules Enabling Act. determinitive?
    (hint: it is.)

    Yes Balance of
    interest: Does Federal Court
    have significant interest
    (including Twin Aims)?

    Yes Does decision


    comport with the Twin Aims
    No judge can ignore
    state law.
    of Erie?

    Twin Aims of

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