The major issue in this case is the nature of the conflict between state law and federal law. Cases like Walker and Shady Grove arise when state law arguably conflicts with an REA rule such as a rule of the FRCP. Whether a conflict actually exists between state law and an FRCP rule depends on how broadly the Court reads the rule of the FRCP. […]
Instructions For the following questions, assume that the State of Springfield is the 51st State of the United States. Springfield is like many states, with a bicameral legislature that enacts statutes, and a tripartite judicial system, with a trial court (Springfield Court of Common Pleas), intermediate appellate court (Springfield Court of Appeals), and supreme court […]
Instructions For the following questions, assume that the State of Springfield is the 51st State of the United States. Springfield is like many states, with a bicameral legislature that enacts statutes, and a tripartite judicial system, with a trial court (Springfield Court of Common Pleas), intermediate appellate court (Springfield Court of Appeals), and supreme court […]
This flowchart was based on ideas from Glannon‘s Examples & Explanations. He provides wonderful analysis of “Easy Erie” and “Eerie Erie,” which I recommend to you highly. ERIE – FLOWCHART Determine the applicable state Law. That law might be: Substantive, such as a duty of care. Procedural, such as a method of serving process. Some murky middle ground, such as a statute of […]
