Civil Procedure Landau FA10 | Collateral Estoppel | Diversity Jurisdiction

Civil Procedure Fall 2010 Tues, Thurs, Fri from 11:00-12:15, Room 102 Professor David Landau: office 316

, phone 850-644-6341, e-mail Office Hours: Tuesday 3:00-5:00, or by appointment Course Description/Objectives: This course looks at how civil disputes are resolved in the U.S. court system – it therefore focuses on the process by which cases are resolved, rather than (as in your other first year classes) the substantive law applied to those disputes. We will focus on procedure and practice in the federal judicial system, rather than on the judicial system of any state. We will look in some detail at those rules themselves, but also at the constitutional underpinnings and policies behind those rules. Thus, students will develop their skills of case analysis and statutory interpretation, and should also learn to think about the federal procedural rules and practices as a system, understanding how they work together to foster certain policies, sometimes very nicely and sometimes poorly. Required Texts: Stephen C. Yeazell, Civil Procedure (7th ed. 2008) Stephen C. Yeazell, 2010 Federal Rules of Civil Procedure with Selected Statutes, Cases, and Other Materials You should bring both of these texts with you to class every day. Some students find Joseph W. Glannon, Civil Procedure (Examples & Explanations Series) helpful as an additional source. Class Attendance: Attendance is required for this course, and I will be taking attendance via an attendance sheet that I will circulate during class. In accordance with the law school’s accreditation requirements, you cannot receive credit for the course if you miss more than 20% of the scheduled class meetings. Class Participation: I expect students to be prepared for each class, and I will call on students to discuss the assigned readings. If you are unable to prepare due to extraordinary circumstances, you should contact me before class. I reserve the right to adjust grades (which are otherwise wholly determined by the final exam) upward on the margin due to very strong participation, and downward on the margin due to consistent lack of preparation. Grading/Exam: Otherwise, the grade in this class will be based entirely on a three hour, closed book final exam. You may bring a copy of the Yeazell Federal Rules of Civil Procedure supplement with you to the exam, but no other materials are allowed. Your supplements may be annotated with handwritten notes, but shall not have any attachments other than tabs to mark the location of specific material (the tabs may

CB 246-55. read Federal Rules 7-8 20. Center for Humanities (on course website) 18. supplement Federal Rule 4(a)-(e). CB 375-87. Long arm statute (posted on course website. Absorbing in rem juridiction. CB 85-96 5. Federal Rule 26(a).have on them numbers and the short titles of the referenced material and nothing more). Ethical Limitations in Pleading. (b)(1)-(2). III._Satan_and_His_Staff A. Only handwriting may cover the blank spaces and the original printing on the supplements. Origins of Personal Jurisdiction. Tag. Gasperini v. If this occurs. Scope and Mechanics of Discovery. Federal Rule 9 21. 1404(a). Federal Rules 8(b)-(c)._Gerald_Mayo_v. Rule 11 22. I. CB 221-233 16. What Law to Apply in Federal Courts (the Erie Problem) 15. Notice and Service of Process. Substance/Procedure Line 12 B. CB 111-122 7. Long arm statutes. The Modern Formulation. Modern cases 1. The use of stickon labels or paper. 55-60. 418-430 in supplement). CB 213-220. Introduction to the Topic: CB 1-17. Other than the addition of handwritten notes and tabs. 164-73. Exceptions. Pleading 19. CB 140-154. These assignments are subject to change. Reading Assignments: We will generally spend one class on each numbered assignment. CB 233-246 17. Complexities. Iqbal (pg. CB 175-189. CB 72-85 4. 28 USC 1331 12. Consent CB 122-139 8. United States ex rel. CB 387-402. CB 204-213. I will amend the syllabus accordingly. US Const. Gerald Mayo v. Satan. 1406(a). CB 333-357. CB 357-369. The Defendant’s Response. CB 189-204. Second Problem Day II. First problem day B. Subject Matter Jurisdiction in Federal Courts 11. 4(h). Removal. Substance/Procedure Line 2. CB 370-72. for example. Constitutional Framework for Litigation 1. Fla. 426-38. Federal Question Jurisdiction. 4(k) 9. CB 415-21. white-out or any other method to eliminate any of the original printing is prohibited. Personal Jurisdiction 2. no material may be added nor may any material be removed in any way. art. 28 USC 1367 14. Discovery 23. Supplemental Jurisdiction. CB 61-71 3. 28 USC 1332 13. Diversity Jurisdiction.wikisource. I will possibly add several days where we discuss particular problems rather than readings from the casebook. glance at Rules 27-37 (the rules on specific discovery procedures) 2 . Notice Pleading. venue. 28 USC 1391(a)(d). CB 96-111 6. but in some cases we may spend additional time on an assignment. The General Rule for Diversity Cases. Process of Litigation A. General jurisdiction. 28 USC 1441 C. at http://en. transfer & forum non conveniens CB 154-160. just skim) 10. the supplements shall be in their original condition. Ashcroft v. Modern cases 2.

CB 439-454. CB 680-693. Review Session. & 20 35. Issue Preclusion 2. Rule 50 27. CB 798-814. 18. CB 722-733. Constitutionality of Class Actions. Federal Rule 14 B. CB 526-540. Federal Rule 23 37. New Trial. More Complex Litigation A. Work Product. CB 694-710 31. Federal Rule 56 D. Limits on Discovery: Privilege. Rule 26(b)(3)-(5) C. Claim Preclusion 1. Resolution Before Trial 25. Judge Controlling the Jury 2. Experts.24. CB 755-770. Summary Judgment. Claim Preclusion 2. Sturgell. Judge Controlling the Jury 1. Rule 59 III. Settlement of Class Actions. Basic Requirements. Issue Preclusion 1. 609-23. CB 551-556. The Effect of Judgments 28. CB 814-826 38. CB 830-845 39. Federal Rules 13. 598-609. Problem Day 3 IV. Class Actions 36. CB 667-680 29. Trial 26. CB 710-722 32. 463-71 30. do practice exam # 2 3 . supplement pgs. Full Faith and Credit and Collateral Attacks. Judgment as Matter of Law. More complex joinder. Federal Rule 60 33. CB 735-755. Taylor v. Basic joinder of claims and parties. Joinder 34.

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