Erie Flowchart 2
Erie Flowchart 2
Erie Flowchart 2
The federal
constitutional
Is there a federal provision must be
Yes
constitutional provision used.
that addresses the Why?
matter? Example
No
Yes
No
Yes
Probably should use the standard that would be used by a
No forum state court, unless sufficiently strong countervailing
federal interests recommend using the federal procedural
common law rule.
Is the FRCP valid? Why?
1) is what it regulates rationally Example
classifiable as procedural?
No 2) does it not abridge, enlarge,
or modify any substantive right?
Why?
Qualifications/Questions
Use the federal
procedural
common law rule.
Example
Yes
No