Note that is judge denies JNOV and grants new trial not appealable. ASCERTAINING THE APPLICABLE LAW ERIE DOCTRINE PURPOSE OF CHOICE OF LAW RULES Focus on ensuring that the scope of state and federal powers respects each other’s area. 28 USC § 1652 RULES OF DECISION ACT: laws of the several states, except where the Constitution or treaties of the United “The States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the US, in cases where they apply.” Requires use of state law only if there is no federal statute, treaty, or Constitutional provision on point. Whether Congress can preempt state law depends on the meaning of the federal statute at issue: For example Whether Congress intended the federal statute to provide a minimum standard or a uniform standard, for example. OVERARCHING RULE: If no preemptive federal law law applies on all substantive matters, but not procedural matters. (To determine whether state law applies in procedural matters is why we have Erie Doctrine.) 28 USC § 2072 RULES ENABLING ACT: Supreme Court shall have the power to proscribe general rules of practice and “The procedure and rules of evidence for cases in the United States district courts and courts of appeals. Such rules shall not abridge, enlarge, or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.” Article 3 and the Necessary and Proper Clause gave Congress authority to create rules of procedure that govern federal courts. Congress then delegated this power to SCOTUS through REA. Congress limited this power through adding the intelligible principle of “don’t infringe on substantive rights.” Background: Erie v. Tompkins: RDA Side Rationale: The rule in Swift was wrong because: 1. It was the wrong interpretation of the RDA.
Note that is judge denies JNOV and grants new trial not appealable. ASCERTAINING THE APPLICABLE LAW ERIE DOCTRINE PURPOSE OF CHOICE OF LAW RULES Focus on ensuring that the scope of state and federal powers respects each other’s area. 28 USC § 1652 RULES OF DECISION ACT: “The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the US, in cases where they apply.” Requires use of state law only if there is no federal statute, treaty, or Constitutional provision on point. Whether Congress can preempt state law depends on the meaning of the federal statute at issue: For example Whether Congress intended the federal statute to provide a minimum standard or a uniform standard, for example. OVERARCHING RULE: If no preemptive federal law law applies on all substantive matters, but not procedural matters. (To determine whether state law applies in procedural matters is why we have Erie Doctrine.) 28 USC § 2072 RULES ENABLING ACT: “The Supreme Court shall have the power to proscribe general rules of practice and procedure and rules of evidence for cases in the United States district courts and courts of appeals. Such rules shall not abridge, enlarge, or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.” Article 3 and the Necessary and Proper Clause gave Congress authority to create rules of procedure that govern federal courts. Congress then delegated this power to SCOTUS through REA. Congress limited this power through adding the intelligible principle of “don’t infringe on substantive rights.” Background: Erie v. Tompkins: RDA Side Rationale: The rule in Swift was wrong because: 1. It was the wrong interpretation of the RDA.
Civil%20Procedure%20II%20-%20Schaffner%20-%20Spring%202014.docx