Erie Railroad Co. v. Tompkins
http://dbpedia.org/resource/Erie_Railroad_Co._v._Tompkins an entity of type: Thing
이리철도회사 대 톰킨스 판결(Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938))은 미국 연방대법원의 유명한 판결로 여러개 주간 법정분쟁에서 연방법원은 연방 보통법을 적용할 수 없고 판결을 위해 주법을 적용해야 한다는 원칙이다. 이는 이리 원칙으로 널리알려지면 현재까지 민사소송법의 중요한 부분을 차지하고 있다. 브랜다이스 판사의 대표적인 판결이다.
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Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that there is no general American federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions. In reaching this holding, the Court overturned almost a century of federal civil procedure case law, and established the foundation of what remains the modern law of diversity jurisdiction as it applies to United States federal courts.
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Erie Railroad Co. v. Tompkins
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이리 철도 대 톰프킨스 판결
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Erie Railroad Company v. Harry J. Tompkins*
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Butler
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McReynolds
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Hughes, Stone, Roberts, Black
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U.S. Const. art. III ; Judiciary Act of 1789 § 34 ; Rules of Decision Act
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64
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304
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--01-31
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1938
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Erie Railroad Co. v. Tompkins,
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1938
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Erie Railroad Company v. Harry J. Tompkins*
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Under the Rules of Decision Act, federal district courts in diversity jurisdiction cases must apply state law, including the judicial precedents of states' highest courts, where it does not conflict with federal law. There is no general federal common law. Second Circuit Court of Appeals reversed and remanded.
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Erie Railroad Co. v. Tompkins
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Brandeis
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Erie, 304 U.S. at 77–78.
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Erie, 304 U.S. at 78.
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Judiciary Act of 1789, section 34 .
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The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.
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If only a question of statutory construction were involved, we should not be prepared to abandon a doctrine so widely applied throughout nearly a century. But the unconstitutionality of the course pursued has now been made clear, and compels us to do so.
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Except in matters governed by the Federal Constitution or by Acts of Congress, the law to be applied in any case is the law of the State. And whether the law of the State shall be declared by its Legislature in a statute or by its highest court in a decision is not a matter of federal concern. There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a State, whether they be local in their nature or "general," be they commercial law or a part of the law of torts. And no clause in the Constitution purports to confer such a power upon the federal courts.
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Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that there is no general American federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions. In reaching this holding, the Court overturned almost a century of federal civil procedure case law, and established the foundation of what remains the modern law of diversity jurisdiction as it applies to United States federal courts. Although the decision is not widely known by laypeople, most American lawyers and legal scholars regard Erie as one of the most important decisions in U.S. Supreme Court history. The decision "goes to the heart" of the American system of federalism and the relationship between the U.S. federal government and the states.
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이리철도회사 대 톰킨스 판결(Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938))은 미국 연방대법원의 유명한 판결로 여러개 주간 법정분쟁에서 연방법원은 연방 보통법을 적용할 수 없고 판결을 위해 주법을 적용해야 한다는 원칙이다. 이는 이리 원칙으로 널리알려지면 현재까지 민사소송법의 중요한 부분을 차지하고 있다. 브랜다이스 판사의 대표적인 판결이다.
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Reed
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Cardozo
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Swift v. Tyson
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22275
