Which factor is NOT part of the Erie balance of factors?

Which factor is NOT part of the Erie balance of factors?

• A. Determinative of outcome
• B. The judge's personal beliefs
• C. The interests of the forum
• D. Public and private factors indicating center of gravity

Answer: (B)

In Erie balancing, a federal court decides which state's substantive law to apply in a diversity case by weighing objective factors that reflect policy and interest in the issue. The test looks at whether applying a particular state’s law would be outcome-determinative, at the forum state’s interests, and at public or private factors indicating where the center of gravity of the issue lies. The judge’s own personal beliefs, however, are not a permissible factor in this analysis; decisions must be grounded in the relevant policies and interests, not the judge’s preferences. So the factor that is NOT part of the Erie balance is the judge’s personal beliefs.

In Erie balancing, a federal court decides which state's substantive law to apply in a diversity case by weighing objective factors that reflect policy and interest in the issue. The test looks at whether applying a particular state’s law would be outcome-determinative, at the forum state’s interests, and at public or private factors indicating where the center of gravity of the issue lies. The judge’s own personal beliefs, however, are not a permissible factor in this analysis; decisions must be grounded in the relevant policies and interests, not the judge’s preferences. So the factor that is NOT part of the Erie balance is the judge’s personal beliefs.