Federal Jurisdiction Flowchart 4k4u6y
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APPROACH TO ERIE QUESTIONS
APPROACH CHART
Does the cause of action arise under the federal Constitution, statutes, laws, or treaties?
Yes
Federal law applies under the Supremacy Clause.
No
Is there a conflict between state and federal law on a particular matter?
No
No Erie problem; federal procedural and state substantive law apply.
Yes
Is there an “arguably procedural” federal directive on point?
No
Is the matter procedural (court considers outcome determination, balance of interests, and deterrence of forum shopping)?
Yes
Yes
Federal law applies.
No
State law applies.
APPROACH TO ERIE QUESTIONS
APPROACH CHART
Does the cause of action arise under the federal Constitution, statutes, laws, or treaties?
Yes
Federal law applies under the Supremacy Clause.
No
Is there a conflict between state and federal law on a particular matter?
No
No Erie problem; federal procedural and state substantive law apply.
Yes
Is there an “arguably procedural” federal directive on point?
No
Is the matter procedural (court considers outcome determination, balance of interests, and deterrence of forum shopping)?
Yes
Yes
Federal law applies.
No
State law applies.
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