Civil Procedure Scenario Analytical Essay by Nicky

A description and analysis of a legal scenario that references the Federal Rules of Civil Procedure.
# 146226 | 1,561 words | 3 sources | APA | 2010 | US
Published on Dec 24, 2010 in Law (Civil) , Law (Constitution)


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Description:

This paper provides a description and analysis of the question whether the Federal Rules of Civil Procedure were created while taking into account how substance and procedure co-exist in society. The paper analyzes and furnishes explanations for each perception and then applies thoughtful consideration of where to draw the line between substance and procedure. The paper concludes that the Federal courts do not have the Constitutional right to claim superiority over the decisions made by and within the individual states; instead, the Federal Courts serve to provide a venue for those cases of diversity and in which justice is better served by the hearing being set in the Federal rather than the state courts.

Outline:
Scenario
Overview of the Issue
Erie Case Was Reversal of Federal and State Law Relation
Constitutional Question Remains
History of Diversity Jurisdiction
Reason for Federal Court Following of Substantive State Law
Rules of Decision Act
Eric Case (1938) Had Three Different Legal Standards
Summary and Conclusion
References

From the Paper:

"Redish and Phillips write that following the Erie case in 1938 three different legal standards for deciding Rules of Decision Act issues have, at various times, commanded a majority of the Supreme Court: the 'outcome determination test announced in Guaranty Trust Co. v. York the balancing test employed in Byrd v. Blue Ridge Rural Electric Cooperative, Inc. and most recently, the modified outcome determination test' articulated in Hanner v. Plumer'." (Redish and Phillips, 1979) In the Hanna case the Court is stated by Redish and Phillips to have "expressly superseded" the outcome in the York determination test and had been eliminated "as a viable standard for Rules of Decision Act cases." (Redish and Phillips, 1979) The relationship is not as clear between the standard and balancing test that the court used in the Hanna and Byrd case. (Redish and Phillips, 1979; paraphrased)"

Sample of Sources Used:

  • Burbank, Stephen B. (1982) The Rules Enabling Act of 1934. University of Pennsylvania Law Review 1982 May Vol. 130. No.5. Formerly the Law Register.
  • Statsky, W.P. and Matz, D. (1977) Introduction to Civil Litigations. West Publishing. 1977.
  • Redish, M.H. and Phillips. C.G. (1977) Erie and the Rules of Decision Act: In Search of the Appropriate Dilemma. Harvard Law Review. Vol. 91:356.

Cite this Analytical Essay:

APA Format

Civil Procedure Scenario (2010, December 24) Retrieved March 20, 2019, from https://www.academon.com/analytical-essay/civil-procedure-scenario-146226/

MLA Format

"Civil Procedure Scenario" 24 December 2010. Web. 20 March. 2019. <https://www.academon.com/analytical-essay/civil-procedure-scenario-146226/>

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