Black Letter Law

assignments assignment1 exam1-answer

1. Swift v. Tyson - 1842 - federal courts in diversity free to apply federal law

1. Erie doctrine - 1938 - federal courts in diversity actions apply the substantive state law of the state in which they sit

2. Guaranty Trust - 1945 - a federal court in a diversity case should follow state law (eg. statute of limitations) - "outcome determinative test," which was an attempt to prevent federal courts from reaching a result at variance with the result that would obtain in a state court in a comparable case.

3. Byrd - 1958 - "the mere form and mode of remedy" (i.e. trial by jury or judge) is not necessarily the province of the states where essential federal rights (i.e. Seventh Amendment -right to trial by jury) are involved.

4. Hanna v. Plumer - 1965 - Erie mandates federal courts in diversity cases apply State Substantive law and federal procedural law. But where matters fall between the two and are rationally capable as classification of either, the Constitution grants the federal court system the power to regulate its practice and pleading procedure. Hanna Two-Part Test Simplified (1) If there is a valid Federal Rule on the subject, the rule is to be applied. (2) In the absence of a federal rule on the point the court is to consider the problem in light of the twin aims of the Erie rule, (a) discourage forum shopping and (b) avoid inequitable administration of laws. (Different results between state and federal courts

5. Presence - In Personam, i.e., being served with a copy of the summons and complaint while physically present in the forum jurisdiction. The physical presence of a defendant in the forum is a sufficient basis for acquiring jurisdiction over him, no matter how brief his stay might be. (Pennoyer v. Neff, 95 U.S. (5 Otto) 714, 24 L.Ed. 565 (1877).

6. Domicile - In Personam (residence) alone is a basis for exercising jurisdiction over an absent domiciliary. (Milliken v. Meyer, 311 U.S. 457, 61 S.Ct. 339, 85 L.Ed. 278 (1940).) I.e., a person may always be sued for all claims, regardless of where they arise, in their state of permanent residence or in the case of a corporation, the state in which it is incorporated.

personal-jurisdiction