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Erie statutes

Erie statutes. 28 U.S.C. § 1652 . State laws as rules of decision

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Erie statutes

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  1. Erie statutes • 28 U.S.C. § 1652. State laws as rules of decision • The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply. • 28 U.S.C. § 2072. Rules of procedure and evidence; power to prescribe • (a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals. • (b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. • (c) Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title.

  2. Layer 1 • Power_to_decide IF • Personal_jurisdiction_over_defendant AND • Notice AND • Venue AND • Subject_matter_jurisdiction

  3. Layer_2 • Personal_jurisdiction IF • Consent OR • (state_assertion AND constitutional_assertion) • Notice IF • Compliance_with_forum_service_rules AND • Constitutional_notice • Venue if satisfy forum venue statute

  4. Layer 2 continued • Subject_matter_jurisdiction IF • Sovereign gives it through • Constitution OR • statute

  5. Layer 3 • Consent IF • File suit OR • Explicitly consent OR • Generally appear

  6. Layer 3 continued • Federal subject_matter_jurisdiction IF • Federal question (§ 1331) OR • Diversity AND jurisdictional amount (§ 1332) OR • Supplemental (§ 1367) OR • Removal (§ 1441)

  7. Layer 3 continued • State_assertion IF • (statute OR court_rule OR common_law_rule) AND • Facts satisfy it • Constitutional_assertion IF • Consent OR • Traditional OR (Scalia in Burnham) OR • (Minimum_contacts AND fair_play_and_substantial_justice

  8. Layer 3 continued • Constitutional_notice IF • Reasonably calculated to give actual notice under the relevant circumstances

  9. Layer 4 • Traditional IF • Pure_in_rem OR • Personal_service_on_one_physically_present • Minimum_contacts IF • (Specific AND purposeful AND relate) OR • (General AND systematic_and_continuous)

  10. Layer 4 continued • Fair_play_and_substantial_justice IF • Balance of • Burden on dft • Forum state interested in dispute • Ptf’s ability to get practical relief • Efficient to parties and judicial system • Shared state interests

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