Civil Procedure · Lesson 04
Erie Doctrine
這一課問的是：本多元案件中，聯邦法院應適用聯邦法還是州法？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Should the federal court apply federal or state law in this diversity case?
這一課問的是：本多元案件中，聯邦法院應適用聯邦法還是州法？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Erie doctrine
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In diversity, federal courts apply state substantive law and federal procedural law.
Erie 原則。
Rules of Decision Act
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§1652: state laws are rules of decision unless federal law applies.
判決規則法。
substantive vs procedural
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Erie's classification problem.
實質 vs 程序。
outcome-determinative
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Guaranty Trust: would different law change outcome?
結果決定性。
Byrd balancing
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Federal interest in federal procedure may outweigh outcome.
Byrd 衡平。
Hanna
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Federal Rule applies if valid under REA and on point.
Hanna 規則。
Rules Enabling Act
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§2072: federal rules may not abridge substantive rights.
規則授權法。
Issue · what this lesson is really about
Should the federal court apply federal or state law in this diversity case?
這一課問的是：本多元案件中，聯邦法院應適用聯邦法還是州法？
Trigger words & phrases that should flag this issue:
state lawfederal rulesubstantiveproceduralErieoutcome-determinative
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State Erie | In diversity, federal courts apply state substantive law and federal procedural law. | 於多元中，聯邦法院適用州實質法 + 聯邦程序法。 |
| Apply outcome-determinative | Outcome-determinative state laws are substantive. | 結果決定性州法為實質。 |
| Apply Hanna | A valid on-point Federal Rule controls under Hanna and the REA. | 符合 REA 且對點之聯邦規則控制。 |
| Apply Byrd | State rule yields if a strong federal procedural interest outweighs. | 若聯邦程序利益更強，州規則讓位。 |
Rule Sentence · the workhorse
In diversity cases, federal courts apply state substantive law and federal procedural law; the line is policed by the Erie/Hanna framework: a valid Federal Rule on point controls under Hanna and the Rules Enabling Act, while state law governs outcome-determinative substantive issues under Erie and York.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人federal court聯邦法院
Act 行為choosing law選擇法律
Object 對象substantive or procedural rule實質或程序規則
Standard 法律標準Erie · Hanna · REAErie · Hanna · REA
Consequence 後果state or federal law applies適用州法或聯邦法
Casebook Snapshot · a real American case
Erie Railroad Co. v. Tompkins
Holding. Except in matters governed by the federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. There is no general federal common law. Federal courts in diversity must apply state substantive law as declared by the state legislature or state courts.
Why it matters. Erie ended Swift v. Tyson's regime of "general federal common law." Modern diversity practice runs on Erie's twin tracks.
Erie：聯邦法院於多元中適用州實質法；無一般聯邦普通法。
Common Mistakes · what trips students
✗ Erie 適用於聯邦問題管轄。
✓ Erie applies in diversity (and §1367 supplemental over state law).
Erie 用於多元（及 §1367 之州法）。
✗ 聯邦 FRCP 永遠控制。
✓ Must be valid under REA and on point.
須有效且對點。
Mini IRAC · build the Application
Issue. In a diversity wrongful-death case, must the federal court apply the state's statute of limitations or the federal court's own laches doctrine?
Rule. In diversity, federal courts apply state substantive law, including state statutes of limitations because they are outcome-determinative.
Application (model). The state's wrongful-death SOL would bar the action; the federal court's discretionary laches doctrine might allow it. Because Erie and Guaranty Trust make state SOLs outcome-determinative state substantive law in diversity, the fact that applying federal laches rather than the state SOL would change the outcome and is bound up with state substantive policy means the state SOL controls.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the federal court must apply the state's statute of limitations.
MBE Check · multiple choice
In a diversity action, the state requires plaintiffs to file a notice of intent to sue 90 days before filing a medical-malpractice complaint. The applicable Federal Rule contains no such requirement. What does the federal court apply?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: