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ERIE: WHICH LAW TO USE IN A DIVERSITY CASE?
NOTE: The Erie Doctrine and…
ERIE: WHICH LAW TO USE IN A DIVERSITY CASE?
NOTE: The Erie Doctrine and related doctrines are difficult topics, ones that are not easily (or accurately) captured in a simple flowchart. Also, different teachers may have different approaches. This is the approach that I like to use, though I recognize that offers may reasonably take other approaches.
- DETERMINE CONTENT OF STATE LAW.
- DETERMINE CONTENT OF FEDERAL LAW.
- DETERMINE TYPE OF FEDERAL LAW THAT CONFLICTS WITH STATE LAW.
- ANALYZE THE CONFLICT.