Syllabus Part 1 - Civ Pro

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CIVIL PROCEDURE

Section C, Fall 2012Mon 12-1:15, Thu 10-11:15, Fri 12-1:15

Polishook Room 104

Professor Michael J. [email protected]

phone: x-2712 office: #316

Office Hours:Office Hours: Mon, 4:30-6, Fri, 2:30-4, and by appointment

SYLLABUS - Part 1

Required Course Materials:

YEAZELL,CIVIL PROCEDURE (8th ed. 2012)

FRIEDENTHAL,MILLER,SEXTON &HERSHKOFF,2012-13CIV.PRO.SUPPLEMENTSTERN,THE BUFFALO CREEKDISASTER(any edition)

Additional materials photocopied or posted on the course TWEN website.

Recommended Secondary Texts:

There are many excellent one volume treatments of civil procedure designed for first yearstudents. Among the best in paperback is SHREVE & RAVEN-HANSEN, UNDERSTANDING

CIVIL

PROCEDURE

(latest ed.) Another good one is KANE

, CIVIL

PROCEDURE IN A

NUTSHELL (latest ed.). Many students have found GLANNON, CIVIL PROCEDURE:

EXAMPLES AND EXPLANATIONS (latest ed.) to be extremely helpful in grasping some ofthe more difficult portions of the course. This book does an excellent job with the topics

it covers, but you should be aware that not all topics we cover are discussed by Glannon.

I am not a fan of commercial outlines. You get much more benefit from preparing yourown course outline rather than relying on one prepared by someone else.

Course Requirements and Ground Rules:

The grade in this course will be based on a final exam. You are also expected to read the

assignments, attend class regularly, and be prepared to participate in class discussions.

An attendance sheet will be circulated during each class. The Law School and ABAattendance policies apply: you are permitted to miss no more than 20 percent of our

classes (8 classes). You may also "sign out" and be excused from participating in classdiscussion up to three times during the semester if, due to illness, family emergency, etc.,

you are unprepared for a given class. However, if you are unprepared when called onand you have not signed out, you may be marked absent and forfeit remaining sign outs.


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The Class TWEN Site:

As soon as you are issued your passwords for Westlaw (an online legal database and

research tool), please register for the course website I have set up through TWEN (theWestlaw Education Network), which you access through Westlaw. The TWEN site will

be my primary means of communicating with you outside of class, including postingsupplemental materials, important notices regarding changes in assignments, class

cancellations or make-ups, etc. If you have any difficulty signing up for Westlaw, one ofthe librarians can assist you.

Some Scheduling Matters:

There will be no class on Monday, Sept. 17.

We will make up that class on Wed, Oct. 3 from 4-5:15.

This class will not meet on Monday, Oct. 29. Instead, that time slot will be used for an

additional session of Property, Section C. On another date, not yet determined, Property,Section C will not meet and instead that time slot will be used for this Civ Pro class.

Laptops:

While I do not ban laptops, you are strongly discouraged from bringing them to class,and if you do bring them to class, your use of them should be minimal Use of laptops

for surfing the Web, checking email, or anything else not class related is prohibited.Here are my reasons for this policy:

First, most law students learn better without using laptops in class, and believe it or not,

you will probably take better class notes by hand rather than with your laptop. This isbecause your number one goal in class is to listen, think about what is being said, both by

the professor and your fellow students, and participate or be prepared to participate inclass discussions as soon as called on. Your goal should not be to try to transcribe in

your notes everything that is said in class, which is what laptops facilitate. If you do that,the information tends to just flow from your ears to your fingertips on the keyboard

without stopping in any meaningful way in your brain. You will be so busy typing youwon't really be listening or thinking about the material. I know this is a little counter-

intuitive, but academic research confirms this. That research is summarized in: KevinYamamoto,Banning Laptops in the Classroom: Is it Worth the Hassles?, 57 J. LEGAL.

EDUC. 477, 495-504 (2007). I make frequent use of PowerPoint slides in class,especially to break down the elements of the major topics we cover, and following each

class I will post those slides on the class TWEN site, so you will not need to copy downthe information contained on any of my slides.

My second reason for discouraging use of laptops in class is that once you have your

laptops open, you or some of your classmates will be unable to resist the irresistible pullof the Internet and the other distractions on your computer. Now I am sure some of you

believe that you are able to concentrate on class and play on the Internet at the same time,


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and perhaps you are. But not all your classmates may be so talented. Do not make your

computer screen a distraction to those sitting near you.

Topics and Assignments: (each assignment roughly corresponds to one class meeting)

1. Introduction to Civil Procedure - Litigation OverviewLitigation Flow Chart (Supp. vi-vii)

Buffalo Creek, first half

2. Litigation OverviewBuffalo Creek, finish

3. Why Litigate? Money Damages

Casebook (CB) 279-96

4. Why Litigate? Injunctive Relief

Paying for LitigationCB 304-12 (top), 315-37

5. Temporary Restraining Orders and Preliminary InjunctionsCB 345-54 (top)

CB 15-17Fed. R. Civ. P. 65 (Supp.)

6. Temporary Restraining Orders and Preliminary Injunctions, cont.

Wade v. Teamsters Local 247(on TWEN)

7. Other Provisional Remedies - Replevin and Due ProcessCB 354-63

8. More Con Law in Civ Pro

Personal Jurisdiction during the PennoyerEraCB 59-76

Pennoyernotice in Portland newspaper (on TWEN)

9. Personal Jurisdiction - Transitioning to the Modern EraCB 79-89

10. Personal Jurisdiction - Purposeful Availment

Long-Arm StatutesCB 89-91, 103-12, 170-74

11. Personal Jurisdiction - Purposeful Availment (cont.)

CB 112-24

12. Personal Jurisdiction - Stream of Commerce and FairnessCB 124-38


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13. In Rem and Quasi in Rem Jurisdiction

CB 91-103

14. Personal Jurisdiction - Tag and ConsentCB 139-54

15. Catch up if necessary

16. Notice

CB 154-69Fed. R. Civ. P. 4 (Supp. 11-17)

17. Venue

CB 174-8028 U.S.C. 1391 (Supp. 252-54)

18. Forum Non ConveniensCB 180-8928 U.S.C. 1404 (Supp. 256)

19. Federal Subject Matter Jurisdiction - Federal Question

Art. III of the U.S. Constitution (Supp. 222-23)CB 191-94

Capron v. Van Noorden(on TWEN)CB 195-202 (up to note 7)

28 U.S.C. 1331 (Supp. 240)

20. Federal Subject Matter Jurisdiciton - DiversityCB 207, 6-11 (up to note 5(c), 207-17

28 U.S.C. 1332, but skip subsection (d) (Supp. 240-45)

21. Diversity Jurisdiction - Amount in ControversySupplemental Jurisdiction

CB 217-2928 U.S.C. 1367 (Supp. 250-51)

22. Removal

CB 229-3828 U.S.C. 1441, 1446, 1447 (Supp. 259-61, 263-65)

That concludes Part 1 of the syllabus, covering roughly half the course. Topics covered

in Part 2 will include:

Alternative Dispute Resolution DiscoveryPleadings Summary Judgment

Motions to Dismiss Roles of Judge and JuryJoinder of Parties and Claims Judgment as a Matter of Law

Syllabus Part 1 - Civ Pro

Documents

Transcript of Syllabus Part 1 - Civ Pro