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Messages - chydiva82

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11
Maybe the below will be helpful...maybe not....your civ pro professor might approach erie differently..


22.   ERIE DOCTRINE


A.   APPLYING ERIE: In diversity cases the court has the problem in deciding which law to apply.
1.   Is it Substantive or Procedural?
a.   Substantive = go to #2 - related to the cause of action or claims being raised
b.   Procedural = go to #3 - related to the  process of the case that needs to be followed 
2.   Is there federal law on point?
a.   YES. This is a HANNAH problem.  So, if there is a  federal law on point, we apply the federal law of procedure .  Hannah told us that this is not an ERIE PROBLEM. This is based on Rules Enabling Act, which was a congressional delegation that gave the authority to promulgate the FRCP, as long as the rule is valid under the constitution and is arguably procedure.  SO, in matter of procedure, where there is a federal law on point, the federal law will apply.  This is supremacy clause because the federal wins the state as long as it is valid and procedural.   HANNAH does not look at ERIE at all because this is a HANNAH problem
1.   Based on Rules Enabling Act (28 USC 2072):
1.   Is federal practice codified into a FRCP or federal statute on procedure?
2.   If so, is the federal rule directly on point? (this can be arguable - for instance, if defined narrowly: state law applies; if defined broadly: federal law applies)
3.   If federal rule/statute of procedure is on point, apply the federal rule.
a.   NO. Go to #3
3.   Then it becomes ERIE: Is it substantive or procedural?
i.   Is it outcome determinative? Pursuant to Guaranty Trust, federal district courts should apply the "outcome determinative" test in resolving conflicts between state laws and federal laws that are not purely substantive or procedural in nature. The quintessential "gray area" conflict involves statutes of limitations.
1.   Outcome determinative - whenever federal law would affect the outcome provided a tempting alternative to the dreary task of examining each issue, identifying the interests involved, and weighting them in some ill-define manner. State law will apply in this case.
a.   The problem with this test is that any rule becomes outcome determinative.  Ex: would be the size of the paper that was too small and the case would be dismissed based on that. Does that really mean that this is substance law? We are not sure how we limit this test.
ii.   Balance of the interest?  Countervailing Federal interest - Byrd case - in this case the federal court wanted to let the jury to hear this case where the state wanted the judge to hear this case. This is not outcome determinative because we do not know the outcome of the judge or the one of the jury. So, this is not outcome determinative at all.  Here we will weigh policies behind federal and state rules and determine whether there is a substantial possibility that different results would be obtained if federal practice is used. (it looks at which has a better reason for the usage) Here the federal court had a strong reason for this, but the state did not have a reason for the judge to decide the case. The federal interest was to allow the jury to hear the case, bc that is something that we would like to have.
iii.   What about the twin aims of ERIE?
1.   If the federal court applies federal law will it lead to forum shopping and inequitable administration of  law?
a.   Avoidance of forum shopping
b.   Avoidance of the inequitable administration of law
i.   How do you apply? ASK YOURSELF:
a.   If the federal court ignored the state law would it cause litigants to go to federal court???  IF SO, this is not a good thing because:
i.   It would be unfair  because the instate citizens can not go to federal court because they can not invoke diversity
ii.   We donít want a lot of cases in the federal court
CONCLUSION: IF it violates the TWIN aims of ERIE we MUST apply the state law.
 
"The current law can best be understood as involving a three-question inquiry.  If there is no conflict b/tw state

and federal law, both are to be applied.  But if state and federal law, both are to be applied.  But if state and

federal law are inconsistent, the following questions must be asked.  First, is there a valid federal statute or

Federal Rule of procedure on point, such as a provision of the Federal Rules of Civil Procedure or the Federal Rules

of Appellate Procedure?  If so, then the federal law is to be applied, even if there is conflicting state law.  If

there is not a valid statute or Rule of procedure, the second question is whether the application of the state law in

question is likely to determine the outcome of the lawsuit.  If the state law is deemed to be outcome determinative,

then the federal law is used.  But if the state law is deemed to be outcome determinative, then the third question is

asked: is there an overriding federal interest justifying the application of federal law?  If state law is outcome

determinative and there is no countervailing federal interest, then state law controls.  Otherwise federal  law is

applied.  In applying this test, federal courts are to be guided by the goals of the Erie doctrine, which are to

prevent forum shopping and the inequitable administration of justice"

12
IBO KWENU! :)

I'm Nigerian and get the same reaction to my "proper English" from time to time.

I don't trip though. Americans--white, black, yellow, etc-- are sometimes ignorant as hell! It's as though they subscribe to the following rule: IF IT DOESN'T AFFECT ME DIRECTLY AND IMMEDIATELY, THEN IT IS NONE OF MY CONCERN! I simply tell them Nigeria is a former British colony and ask if they've ever travelled overseas.  The answer is usually NO; this gives me a chance to educate them further.

So where are all you NAIJA peeps headed this fall?

Can I get a head count?

I just sent you a PM :)

13
It played a major role in my decision. I was the only *ethnic* girl in most of my UG courses / classes and was the go-to person for topics on race ::). I'm sure this would not have been the case in LS but still.....I needed a different environment to learn and grow.

eh, traveling a distance for hair care products would probably be minor irritation for me...personally ;D





"and now for the colored perspective...chydivya82..wha t is your opinon?



LOL....exactly
like Funia said, being the lone voice "for the race" gets tired real quick.

14
The below link might be of some assistance.

You can check out attorneys who currently practice in particular fields (ADR /mediation included), thier career path, and the advice they give individuals seeking to specialize. The attorneys are grouped by thier speciality and in alphabetical order.

http://www.abanet.org/careercounsel/profile/profession.html#labor

15
It played a major role in my decision. I was the only *ethnic* girl in most of my UG courses / classes and was the go-to person for topics on race ::). I'm sure this would not have been the case in LS but still.....I needed a different environment to learn and grow.

eh, traveling a distance for hair care products would probably be minor irritation for me...personally ;D




16
LOL...I hear ya

I am not reading any one of them..I was doing some research and wanted to know which one you were refrencing above :)

17
So who was supposed to update me?  ;)

Lol.  I think one of those was supposed to be me.  :D  (I just figured out who you were with the new screen name yesterday, btw.)  Anywho, I'm pretty sure that as on top of things as you are, you already know a lot of what we were told. Not to take anything away from the weekend, but the best part of the weekend is really just getting to meet other 0Ls in my opinion. 

If you want me to forward you copies of the cases we read, let me know and I will.  Besides that, I'd recommend that you purchase a copy of the book they gave us if you don't already have it.  It's called Expert Learning for Law Students by law professor Michael Hunter Schwartz, one of the presenters.  I am almost finished with it, and I'm *SO* very glad I read it.  I really believe I'll approach LS assignments with an entirely different mindset and be a lot better off for it, too. It really gets into the day-to-day practicalities of what it takes to be successful in law school. 

As for everything else....the financial aid session was good, but geared more toward ASAP students.  At this point in the game, you know all that stuff.  Ummm... that's really all I can think of for now.  If you have specific questions about something, let me know.  I highly recommend the book though; I haven't read advice like it contains anywhere else. hth  :)

Are you going through the workbook? Or just reading through the actual book?

19
General board for soon-to-be 1Ls / Re: The "I Just Resigned" Thread
« on: July 27, 2007, 05:13:19 PM »
bah humbug.

off to work.  I suppose I should get there before 10am considering I'll be leaving before 3pm and taking a long lunch. 

LOL...you have a pretty sweet schedule my friend :P

20
General board for soon-to-be 1Ls / Re: The "I Just Resigned" Thread
« on: July 27, 2007, 01:22:39 AM »
Bump

For my fellow LSD'ers whose last day of work is next Friday!!!

August 3rd can NOT come soon enough.
I will be moonwalking out of the building...

Who's bad! :D

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