Choice of Law Flowcharts
Federal
court
answering
question of
State law?
Federal
court
answering
question
of state
law?
No
Yes
Conflict?
State law
No
State Law
federal law
answeirng question
of state law?
Yes
Conflict
Yes
rules enabling act?
hanna test
yes
federal codified?
yes
Does it follow twin
aims of Erie
Doctrine?
yes- federal law
No- state law
federal law
answering question
of state law?
yes
conflict?
yes
federal codified?
yes
follow rules enabling
act?
no
state law
federal law
answering question
of state law?
yes
conflict
yes
state interest v.
federal interest
byrd balancing
no
federal codified?
outcome
determinative
change outcomestate
federal outcomefederal