Post on 14-Feb-2016
description
Basic Flow Chart
What is the source of the
Federal Practice
Judge Made RuleConstitution
FRCivP Analysis
Other (Erie)
Analysis
Const’l Analysis
Statute Analysis
FRCivPFed Stat
Constitutional Analysis
Constitution Based Federal Practice
Is there a conflict
with State Rule?
Apply Both
Apply Federal
Yes No
Statutory Analysis
Statutory Federal Practice
Is there a conflict
with State
Rule?
Apply Both
Apply Federal
Yes No
Is Statute
Constitu-tional?
Apply State
Yes No
FRCivP Analysis
DoesFRCivP
conflict withState rule
?
Apply Both
Apply FRCivP
Yes
No
Is itconstitutional
?
Apply State
Yes
No
Is itarguably
procedural?
No
Yes
Alternate FRCivP
Analysis
DoesFRCivP
conflict withState rule
?
Apply Both
Apply FRCivP
Yes
No
Is itconstitutional
?
Apply State
Yes
No
Is itarguably
procedural?
No
Yes
Is therea judge-made
practiceNo
Yes
Go toErie
Erie (Judge Made Rule)
Analysis
Doespractice
conflict withstate rule
?
Apply Both
Apply Fed practice
Yes
No
Will applying fed practice lead to:
1. Forum Shopping2. Inequitable
Administration
Apply State
No
Yes
Erie (Judge Made Rule)
Analysis2d edition
Doespractice
conflict withstate rule
?
Apply Both
Apply Fed practice
Yes
No
Will applying fed practice lead to:
1. Forum Shopping2. Inequitable
Administration
Apply State
No
Yes
But also discuss:3. State v. Federal Interests4. Interference with state’s
regulation of primary conduct
More Sophisticated Flow Chart
A Closer Look Inside Hidden
Decisions
DoesFRCivP
(or statute)conflict with state
practice
Only oneplausible
interpretation?
Adopt that
interp.Apply Fed
Yes
NoWhich interest is more
important
Apply Both
Fed
State
Interpret Federal rule broadly to accomplish important federal goals
(Finding a conflict)
Interpret Federal rule narrowly to avoid impairing important state
interests (Finding no conflict)
Apply State=
IsFRCivP
(or statute)constitutional
?
Does it pass
traditional tests
UnconstitutionalConstitutional
No
YesDoes itexcessively
interfere withstate regulation of
primaryconduct
Yes
No
Is particularFRCivP arguably
procedural?
Is particularFRCivP arguably
procedural?
Give deference to prima facie judgment of Supreme Court, Congress, and the Rules
Advisory Committee that rule is procedural.
Now decide
Yes No
Yes No