802 Civil Procedure II, Fall 2016

Categories: Civil Litigation and Dispute Resolution Appellate Practice

Section 001, Civil Procedure II - Greene, Linda

Course Page for Fall 2016 - Greene, Linda

Civil Procedure II, which satisfies the Jurisdiction of Courts requirement, covers personal jurisdiction, federal subject matter jurisdiction, venue and motions to transfer, the Erie Doctrine, the rules of joinder, and the preclusive effect of judgments. The course covers the interpretation of several key federal statutes (e.g., §§ 1331, 1332, 1367, 1404) and a number of important United States Supreme Court cases concerning matters of judicial federalism and due process. It is a fundamental course for all law students who intend to litigate or to participate in transactions that might lead to litigation.

In semesters when a 4th credit is available: students who choose to earn a fourth credit will write a 10-15 page paper on the recent decisions of the 7th Circuit in a subject area covered in my Civil Procedure II course. I will meet with those who choose the fourth credit option to assign your subject and will provide feedback on your outline of the paper.

LEARNING OUTCOMES AKA MY PEDAGOGICAL OBJECTIVES AND MY DESIRED LEARNING OUTCOMES FOR YOU:

1. BY THE END OF THE COURSE, I WILL EXPECT YOU TO USE LEGAL LANGUAGE TO COMPETENTLY AND CONFIDENTLY
- identify the legal issues raised by the cases we read and the problems we analyze;
- know and apply the analytical steps required for the resolution of the legal issues;
- discuss the cases and materials using complete sentences and legal language in the course of your discussion;
- respond to my questions using complete sentences and legal language;
- read and analyze plurality opinions;
- understand the role that federalism and state sovereignty concerns play in the legal issues we study;
- describe the role that each area of law covered in this case plays in the process of civil litigation;
- describe the relationship in litigation between the various legal issues covered in the course.

2. WITH RESPECT TO EACH CASE, I WILL EXPECT YOU TO KNOW AND BE ABLE TO COMPETENTLY, CONFIDENTLY, AND FORMALLY DESCRIBE IN COMPLETE SENTENCES:
- the circumstances that led to the lawsuit;
- the litigants in the lawsuit;
- the nature of the overall dispute between the parties;
- the civil procedure issue presented by the litigation;
- the difference that the resolution of the civil procedure issue will make to the parties;
how is that civil procedure issue was resolved;
the rule that the majority applies to resolve the issue;
- the court’s application of the rule to the facts of the case;
- whether the rule applied, modified, explained, or changed prior law;
- the reason why concurring or dissenting justices disagreed with the majority and whether they propose a different rule;
- whether you agree with the decision—the outcome? The rule applied? The reasoning?

3. WITH RESPECT TO EACH STATUTE, I WILL EXPECT YOU TO KNOW
- the language of the statute;
- the purpose of the statute;
- the effect of cases that interpret the statute on the meaning of the statute;
- the legal issues and analytical steps that are required to determine the outcome of a fact situation to which the statute is relevant.

Recent Offerings of this course by this instructor

Section 002, Civil Procedure II - Weston, Cheryl Rosen

Course Page for Fall 2016 - 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: (Civil Procedure II – Weston)

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 Topic: 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.

Recent Offerings of this course by this instructor