Categories: Civil Litigation and Dispute Resolution
Instructor(s) Weston, Cheryl Rosen
Civil Procedure II covers topics associated with the placement of a lawsuit: Subject Matter and Personal Jurisdiction, Venue; Transfer, Forum Non Conveniens as well as the Erie Doctrine (the application or non –application of state law in Federal diversity actions); Joinder and Preclusion. Civil Procedure is concerned with more than technical mastery rules of selected rules and statutes. Civ Pro II addresses the wealth of opportunities for litigators to exercise choice in planning and responding to litigation; we will focus on using the tools of procedure to make good tactical choices on behalf of our clients. Civ Pro II counts towards the Jurisdiction of Courts requirement. Class assignments include case analysis, but also daily problems intended to provide feedback on whether you are able to apply the law we are studying in the context of specific facts.
Learning Outcomes: By the end of the semester I expect that you should be able to:
1) demonstrate a thorough knowledge of the Rules of Law that govern each of the Course Topics: Subject Matter Jurisdiction, Personal Jurisdiction, Venue, Transfer, Forum Non Conviens, the Erie Doctrine, Joinder and Preclusion;
2) demonstrate that you can apply legal principles and policies, whether found in case law, statute or rule, taking into account the facts presented; and that you can articulate a rationale for the choice of which device you would use, or court you would select;
3) demonstrate via in-class performance that you can identify the procedural issues presented in a case; that you know how the case was resolved, and can articulate the court’s reasoning as well as your own agreement or disagreement with the outcome;
4) demonstrate an understanding that procedure is not simply the application of rules, but provides an opportunity to make choices that will enhance your ability to serve your clients while demonstrating competent and ethical representation to the Court.