ppt课件-basicflowchart-umkcschooloflaw.pptVIP

Basic Flow Chart Constitution Based Federal Practice Statutory Federal Practice More Sophisticated Flow Chart A Closer Look Inside Hidden Decisions * What is the source of the Federal Practice Judge Made Rule Constitution FRCivP Analysis Other (Erie) Analysis Const’l Analysis Statute Analysis FRCivP Fed Stat Constitutional Analysis Is there a conflict with State Rule? Apply Both Apply Federal Yes No Statutory Analysis Is there a conflict with State Rule? Apply Both Apply Federal Yes No Is Statute Constitu-tional? Apply State Yes No FRCivP Analysis Does FRCivP conflict with State rule ? Apply Both Apply FRCivP Yes No Is it constitutional ? Apply State Yes No Is it arguably procedural ? No Yes Alternate FRCivP Analysis Does FRCivP conflict with State rule ? Apply Both Apply FRCivP Yes No Is it constitutional ? Apply State Yes No Is it arguably procedural ? No Yes Is there a judge-made practice No Yes Go to Erie Erie (Judge Made Rule) Analysis Does practice conflict with state rule ? Apply Both Apply Fed practice Yes No Will applying fed practice lead to: 1. Forum Shopping 2. Inequitable Administration Apply State No Yes Erie (Judge Made Rule) Analysis 2d edition Does practice conflict with state rule ? Apply Both Apply Fed practice Yes No Will applying fed practice lead to: 1. Forum Shopping 2. Inequitable Administration Apply State No Yes But also discuss: 3. State v. Federal Interests 4. Interference with state’s regulation of primary conduct Does FRCivP (or statute) conflict with state practice *Class ** - CivPro2 -- Fall 2000 -- Achtenberg * *