THIS IS AN ARCHIVE OF A PRIOR YEAR’S ASSIGNMENTS. FOR CURRENT ASSIGNMENTS, SEE THE CIVIL PROCEDURE HOME PAGE.
Note: Spring 2015 assignments available here
WEEK 1 – AUG. 18 & 20
MONDAY, AUG. 18: Intro to Civ Pro
- CB, pp. 3-36
- Syllabus (found on Syllabus page)
- We will complete a seating chart on the first day of class. Please make a note of where you sit for future reference.
WEDNESDAY, AUG. 20: SMJ – Diversity jurisdiction basics; citizenship of individuals
- Added 8/18: because the book store still does not have the statutes book, I put together a diversity handout. This is also being handed out in class 8/18: download
- RS, United States Constitution, Article III, Sections 1 and 2
- RS, 28 U.S.C. § 1332(a), (e)
- CB, pp. 39-57
WEEK 2 – AUG. 25 & 27
MONDAY, AUG. 25: SMJ – Diversity jurisdiction; citizenship of corporations & other entities
- We’ll pick up where we left off, namely, with 1332(a) and the Mas case.
- RS, 28 U.S.C. § 1332(c)
- CB, pp. 57-72
WEDNESDAY, AUG. 27: SMJ – Diversity jurisdiction; amount in controversy
- RS, 28 U.S.C. § 1332(b)
- CB, pp. 72-88
WEEK 3 – SEPT. 1 & 3
MONDAY, SEPT. 1: LABOR DAY
- Labor Day, no classes today.
WEDNESDAY, SEPT. 3: SMJ – Federal question
- RS, 28 U.S.C. §§ 1331, 1338
- CB, pp. 89-105
WEEK 4 – SEPT. 8 & 10
MONDAY, SEPT. 8: SMJ – Federal question
- We will continue our discussion of the Mottley case.
- CB, pp. 106-123
- Handout on “Rules vs. Standards”
WEDNESDAY, SEPT. 10: SMJ – Federal question, continued
- Updated: Continue the previous assignment
- Updated: Note that the assignment previously assigned for this class has been moved to Sept. 15
WEEK 5 – SEPT. 15 & 17
MONDAY, SEPT. 15: SMJ – Removal jurisdiction
- RS: 28 U.S.C. §§ 1441(a)-(c), (f), 1446(a)-(d), 1447, 1454
- Handout on “Reading Statutes & Rules.” This handout will guide you in digesting the dense removal statues. Download or view page.
- CB 125-142
WEDNESDAY, SEPT. 17: SMJ – Removal jurisdiction
- Removal problems. Download the file here and prepare answers to the removal problems. Some of them may have already been discussed in class (either expressly or through other hypos). We will discuss selected problems. However, please prepare to discuss all of the problems.
- Hints: To guide you, the removal problems include guidance in the form of “hints” telling you where to look for an answer in the statutes.
- Also re-review the handout assigned last class on how to read rules and statutes. This will guide you in careful and critical reading of dense statutory materials. Cases never tell you everything you need to know about statutes, and there is no substitute for careful reading of statutory materials.
- Carefully re-read the removal statutes assigned in the previous class. Determine what each part does. You will need to scrutinize the statutes to answer many of the questions in the problem set.
- Prepare the problems. As noted, hints are included.
WEEK 6 – SEPT. 22 & 24
MONDAY, SEPT. 22: Personal jurisdiction – Intro & Pennoyer
- We will now move into personal jurisdiction, one of the most important topics of the year. Pennoyer is one of the most difficult cases of the first-year curriculum, and will need multiple and careful reads. I will assume that you have read all the assigned materials very carefully.
- CB: 145-62
- RS: U.S. Const. am. XIV
- Study questions/topics for Pennoyer
- For those interested in the story behind Pennoyer, read the Introduction, Part I, and Part II, from Wendy C. Perdue, Sin, Scandal, and Substantive Due Process: Personal Jurisdiction and Pennoyer Reconsidered, 62 Wash. L. Rev. 479 (1987). (Note: for link to work you must be logged into WestLaw, Lexis, or Hein. Then use the citation provided.)
- For the historical value, you might be interested to see the notice of Mitchell’s suit against Neff published in the Pacific Christian Advocate. Click here
WEDNESDAY, SEPT. 24: Personal jurisdiction – Minimum Contacts
- CB: pp. 162-76
- The following three (3) handouts, which you should bring to every class on PJ:
- Study questions:
WEEK 7 – SEPT. 29 & OCT. 1
MONDAY, SEPT. 29: Personal jurisdiction – Refining the standard
- If needed, we will continue discussion of materials from the prior class.
- CB: 177-99
- Study questions on McGee, Hanson, and World-Wide Volkswagen
WEDNESDAY, OCT. 1: Personal Jurisdiction – Refining the Standard
- CB: 199-232
- Study questions on Keeton & Calder
- Study questions on Burger King
- Study questions on Asahi
WEEK 8 – OCT. 6 & 8
MONDAY, OCT. 6 – Personal jurisdiction – General Jurisdiction
- CB p. 245-64
- Study questions on Daimler
WEDNESDAY, OCT. 8: Personal jurisdiction – In rem & Quasi-in-rem jurisdiction
WEEK 9 – OCT. 13 & 15
MONDAY, OCT. 13: Personal jurisdiction – Transient Presence, Consent & Waiver
- CB 282-97, 299-301
- Study questions on Burnham
WEDNESDAY, OCT. 15: Personal jurisdiction – State & Federal Long-Arms
- 5th and 14th Amendment Due Process clauses in statutes book
- Fed. R. Civ. P. 4(k) and 4(n) in statutes book.
- CB 303-21
- Long-arm statute handout
- Added 10/12:
- Study questions on state and federal long-arms
- Be sure to bring your statute books.
- Be prepared to discuss the study questions.
WEEK 10 – OCT. 20 & 22
MONDAY, OCT. 20: NOTICE
- We will finish our discussion of Burnham.
- Federal Rules of Civil Procedure 4, 5, 6 (in Statutes book). Read the rules carefully: we will discuss them in class.
- CB 323-44, 352-53 (notes 6-9), 354-56
- Study questions on notice and FRCP 4, 5, and 6
- To see an example of a federal district court complaint, summons, and cover sheet, got to http://www.lawmall.com/gordonramsay/.
- To see a “hot off the presses” story about real-world service, read about Ciara being served at a concert (thanks to Andrea A. for the link)
WEDNESDAY, OCT. 22: “PJ BIG PICTURE” DAY
- Class starts at 1PM. This will be an extended session. I have the room reserved until 5PM in case we need that long. We will take breaks from time to time.
- Prepare answers to Personal Jurisdiction Problem Set
- Laptops are permitted during Big Picture Day
WEEK 11 – OCT. 27 & 29
MONDAY, OCT. 27: Introduction to venue
- 28 U.S.C. §§ 1390, 1391(a), (b), (c), and (d) (in statutes book). Read the statutes carefully: we will discuss them in class.
- CB pp. 359-76
- Basic venue study questions, be prepared to discuss
WEDNESDAY, OCT. 29: Transfer & dismissal
- 28 U.S.C. §§ 1404, 1406 (in statutes book). Read the statutes carefully: we will discuss them in class.
- CB pp. 377-89
- Questions on transfer & dismissal, be prepared to discuss
WEEK 12 – NOV. 3 & 5
MONDAY, NOV. 3: Forum non conveniens
- CB pp. 389-409
- Questions on forum non conveniens, be prepared to discuss
WEDNESDAY, NOV. 5: No class (cancelled)
WEEK 13 – NOV. 10 & 12
MONDAY, NOV. 10: Introduction to pleading
- This assignment was originally scheduled for 11/5 (the cancelled session)
- CB pp. 413-40
- FRCP 7
- FRCP 8(a), 8(d), 8(e)
- FRCP 10
- FRCP 12(b)(6)
WEDNESDAY, NOV. 12: Heightened pleading
- CB pp. 440-67
- FRCP 9
- FRCP 84
- FRCP Form 11 and Form 12 (in RS)
- 42 U.S.C. § 1983 (in RS)
- Be prepared to discuss Iqbal hypos
WEEK 14 – NOV. 17 & 19
MONDAY, NOV. 17: Twiqbal (cont’d)
- Re-read last Thursday’s assignment very carefully.
- Be prepared to enunciate the Twombly/Iqbal standard and to apply it to the Meg/Brian/Stewie hypos
WEDNESDAY, NOV. 19: Essay exam-writing workshop
- Essay exam-writing workshop.
- Normal room: CPD-113. Room is ours from 2-4PM in case we need the extra time.
- Laptops will be permitted.
- Read Tips & Techniques on Civ Pro Essay Exams. Bring any questions you have regarding essay techniques.
- Prepare outline and answer for PJ Practice Essay: Amazone. Bring to class. Be prepared to go to the board and share your outline.
WEEK 15 – NOV. 24
MONDAY, NOV. 24: Last day of Fall, review session
- Last day of class
- Review session in our normal room (CPD-113) starting at 12:30PM.
- We have the room until 4:25PM, but probably will not need the entire time.
- Laptops will be permitted.
Moved to archive July 27, 2015