Basic Flow Chart - University of Missouri - Kansas City基本流程图-密苏里堪萨斯大学-堪萨斯市.ppt
Basic Flow Chart 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 Constitution Based Federal Practice Is there a conflict with State Rule? Apply Both Apply Federal Yes No Statutory Analysis Statutory Federal Practice 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
Basic Flow Chart - University of Missouri - Kansas City基本流程图-密苏里堪萨斯大学-堪萨斯市 来自淘豆网m.daumloan.com转载请标明出处.
