Discussion 5.1

Instructions

THIS IS A DISCUSSION POST.... Please structure as a discussion and NOT a paper.Discuss why it is that even though Ms. Lane has chosen to file suit in federal court, it will be necessary to apply certain elements of Florida state law in order to reach the appropriate decision. (Because this is one of the most difficult concepts, please note that the point value of this exercise is diminished in deference to the degree of difficulty).Required Reading (I will upload photocopies of these chapters at a later time)Chapters 5, 6, 7 Allen & Finch, An Illustrated Guide to Civil Procedure (2nd Edition, Wolters Kluwer Press) 2011.Additional Required ResourcesText of the Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938):http://scholar.google.com/scholar_case?case=4671607337309792720&hl=en&as_sdt=2&as_vis=1&oi=scholarr orhttp://www.law.cornell.edu/supct/html/historics/USSC_CR_0304_0064_ZO.htmlUnderstanding the Erie case is one of the foundational requirements to figuring out which law to apply to a given case. This is known as the choice-of-law or conflict-of-law doctrine. It is one of the most difficult concepts to grasp early in the study of law. Carefully read Chapter 5 and then read the entire Erie case. If your head hasnt exploded, begin helping each other decipher the rules presented below.

Answer

Discussion 5.1Although Ms. Lane has chosen to file suit in Federal Court, it will still be important to apply certain tenets of Florida state law. The action will be essential in enabling the Court to reach a better decision. One tenet of the law provides that the liability of a railroad company where an injury is caused on a plaintiff will be based on the federal law (Cornell Law School, 2019). However, in the situation where there are lacking important federal statutes, then the state law will be used. As for Ms. Lane, Federal laws already exist. They are, otherwise, important with respect to showing the best mechanisms which will be applied to guide the deliberations of the Court (Allen, Bent & Finch, 2016). The action will also be essential in enabling the Court to obtain informati...
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