START: The court has no

Is the federal court obligation to use a

entertaining only a Yes state rule ? there is
federal cause of action? no "Erie" problem
to address.
Why?
Example
No Qualifications
Erie Flowchart
Examples

The federal
constitutional
Is there a federal provision must be
Yes
constitutional provision used.
that addresses the Why?
matter? Example

No

Is the federal statute valid?

Is what is regulated rationally
Is there a federal statute classifiable as procedural?
that applies to the Yes Why?
matter?

Yes

No

The federal statute must be

used.
Is there a Federal Rule of Civil
Example
Procedure that applies to the
Qualifications/Questions
matter?

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

The federal court is in what is called the ?relatively-unguided? No

Erie track. Any federal law governing the matter would be
federal common law.
The state law rule must
Examples
be used. Its use is Does the difference between
constitutionally federal procedural common
compelled. law and forum state law
Example frustrate the twin aims of
Is the federal procedural Yes Qualifications/Questions Erie?
common law rule contrary to Would the difference lead to
a state law rule that is bound forum shopping and the
up with the state-law cause of inequitable administration of
action? the laws?
Why? No
Why?
Qualifications/Questions