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Federal Courts

Terms in this set (13)

Swift v. Tyson
Essentially overturned by ERIE
Erie
Erie Shifted Forum shopping from intra to inter-state shopping.
McCulloch v. Maryland
McCulloch is a variety of Federal Common Law (FCL). FCL can also be seen to include Admiralty and international law. See also; Dormant Commerce Clause
Semtek Intern. v. Lockheed Martin
Dealing with Claim Preclusion. Rule understood, did first court intend preclusion effect of judgment? This is a question of Federal common law
Three ways to rebut concurrent Jurisdiction
1) Explicit statutory directive, 2) Unmistakable implication from legislative history, 3) Clear incompatibility between state-court jurisdiction and federal interests
Counter Arguments
1) Attack legislative history, 2) Articulate why state court cannot adjudicate without statutory language.
Is Statute of limitation a substantive right?
Yes, under Erie, SOL is substantive
My take on this section
Likely if you are divested of an important federal right, either procedural or substantive, then you should argue an undue burden on federal right. If it does not divest a right fully, unlikely to be substantial burden.
DeSylva v. Ballentie
Respect state law on interpretive definitions that are consistent with federal law. As long as you don't define Child as dog, then acceptable.
In Fed. Courts, procedural vs. Substantive
Likely if you are divested of an important federal right, either procedural or substantive, then you should argue an undue burden on federal right. If it does not divest a right fully, unlikely to be substantial burden.
Murdock case
SCOTUS will not review State supreme court on an issue of State law
Clearfield Trust Framework
1) Question of federal law? 2) Content?
Paquete Habana
International law is "Part of our law' says SCOTUS.
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