Erie analysis essay

He provides wonderful analysis of “ Easy Erie” and “Eerie Erie ,” which I recommend to you highly. Determine the applicable state Law. That law might be: Substantive, such as a duty of care. Procedural, such as a method of serving process. Some murky middle ground, such as a statute of limitations.

In Erie Railroad , the issue was whether a federal court had to follow state tort law or could instead invent its own tort law. The Supreme Court held it was unconstitutional for federal courts to create federal general common law in cases where state common law would otherwise be used.

In its most basic form, the Erie doctrine concerns the choice of law in federal court in diversity cases. In its most basic form, it asks three questions: Question # 1: Vertical choice of law asks: federal law or state law?

This flowchart was based on ideas from Glannon ‘s Examples & Explanations. He provides wonderful analysis of “ Easy Erie” and “Eerie Erie ,” which I recommend to you highly. Determine the applicable state Law. That law might be: Substantive, such as a duty of care.