ABOUT SPRING ASSIGNMENTS
Assignments from Fall 2015 can be found here.
This page is updated regularly
See below for assignments and updates. Generally speaking, we will pick up where we left off in the previous class. As a standing practice, be sure to re-review any materials we have not completed from the previous class. Also be sure to read any new materials assigned for that day.
Read carefully and critically.
Read the materials carefully and critically. The syllabus contains basic information to help you in doing your assignments, such as:
Be sure to read the syllabus and use it as a guide.
Here’s a guide to abbreviations used in the assignments below:
- “CB” means the Glannon casebook (second edition).
- “RS” means the Glannon rules supplement (2015 edition).
- “FRCP” or “Fed. R. Civ. P.” refers to the Federal Rules of Civil Procedure, which can be found in the Glannon rules supplement.
- “U.S.C.” refers to the United States Code, which contains federal statutes enacted by the U.S. Congress, which can be found in the Glannon rules supplement.
- “U.S. Const’n” refers to the U.S. Constitution, which can also be found in the Glannon rules supplement.
- “Screencast” refers to videos on Professor Nathenson’s YouTube site
Familiarize yourself with the types of materials in the Civ Pro Study Resources. You’ll use them regularly in and out of class.
Note that a number of rules of the FRCP were amended effective December 1, 2015. Affected are FRCP rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55, 84 and the appendix of forms. For FRCP rules assigned last Fall, you must familiarize yourself with the December 2015 changes. For FRCP rules that are assigned in the Spring, you must make sure you are reading the updated version. Keep in mind that the statutory supplement you purchased in the Fall is no longer completely up to date. You can find a redline showing the changes here. A full copy of the current updated FRCP can be found here. Because you will be tested in this class on the law as it exists on the day you are tested, it is imperative that you familiarize yourself with the changes.
WEEK 1 – JAN. 11 and 13
MONDAY, JAN. 11: Care & Candor in Pleading, Sanctions
- We will discuss all these materials, be prepared.
- Read Syllabus for the Spring semester
- Read info on Dec. 2015 changes to FRCP:
- Handout showing December 1, 2015 changes to FRCP 1, 4, 55, 84, and the forms.
- Pages 1-11, Chief Justice John Roberts, 2015 Year-End Report on the Federal Judiciary (comments regarding December 2015 amendments to the FRCP).
- Prof. Patricia Moore, Chief Justice’s Year-End Report Praises Rules Amendments Sought by Corporate Defendants (Civil Procedure & Federal Courts Blog, Jan. 2, 2016).
- Read FRCP & Casebook materials:
- FRCP 11
- CB 519-52
WEDNESDAY, JAN. 13: Amendments & Relation-Back
- FRCP 15
- CB pp. 553-57, 574-97
- Be prepared to present your answers:
- Prepare answers to the four relation-back scenarios found here. What are the correct answers? Draw timelines for each and be prepared to discuss.
- Nathenson disagrees with note 2.C on page 591. Why? Hint: pay close attention to the timing of events. Is the casebook’s statement of law consistent with the language of FRCP 15(c)(1)(C)?
I strongly encourage students who have been academically dismissed, are on academic probation, or have pressing exam-related matters to meet with me ASAP, preferably in the first week. Please contact me directly to set up a time. I will be in Monday through Thursday in the first week.
Normal examination review will begin the second week of the semester, starting Jan. 19. Please see Ms. Mariela Torres or Ms. Karla Garcia in the administrative assistant office to see your exam. All exam materials must remain in the administrative assistant office, and you may not copy, mark up, or keep any of the examination materials. Once you look at your examination, make an appointment to meet with me to discuss how you can maximize your performance. Do not meet with me about your examination prior to reviewing it.
Exam review guidance:
- To review your exam, go to the office of Mariela and Karla (glass administrative office in faculty suite). You can also find the Fall essay (with MC 31-40) at http://nathenson.org/exams/2015-CPI-Fall.pdf.
- Mariela and Karla will give you access to your: multiple-choice answers and explanations; essays with handwritten comments; scoresheet. They will also provide a handout with essay code explanations. The codes can also be found at http://www.nathenson.org/courses/civpro/resources/essay-codes/.
- All examination materials must stay in the administrative office area.
- Do not copy or retain any examination materials.
After you review your examination you can meet with me:
- A sign-up sheet will be posted to my door Tuesday morning at 9:30AM.
- Do not meet with me unless you have already reviewed your examination.
- To make sure you can review your exam before we meet, review the examination with Mariela and Karla several days prior to your appointment. I have over 100 Civ Pro students, so if you wait until the last minute, Mariela and Karla may not be able to fit you in.
- Come to the meeting prepared to discuss your: a) self-assessment of Fall performance; and b) action plan for the Spring.
WEEK 2 – JAN. 18 and 20
Office hours this week (exam review): Tues. 3:30-5:30, Wed. 3:30-5:30. Appointment recommended. Out of town Thurs. PM & Friday.
MONDAY, JAN. 18: No class
- Martin Luther King holiday
- No class today
WEDNESDAY, JAN. 20: Review of Fall 2015 essays
- Note: see info above regarding examination review.
- For today’s class, we will discuss the essay questions for the Fall 2015 examination.
- Review the essay questions from the Fall examination. We will discuss the questions and essay-examination techniques. If time remains, we will also address several of the multiple-choice questions based on the fact pattern.
- If you want to meet the stars of your Fall essay exam, click here.
WEEK 3 – JAN. 25 and 27
Office hours this week (exam review): Mon. 3:30-5:30, Wed. 3:30-5:30, Thurs. 3:30-5:30, and Fri. 10-noon, 2:45-4PM. Appointment recommended.
MONDAY, JAN. 25: Relation-back
- We will finish the assignment of Jan. 13 regarding amendments and relation-back.
- I have posted most of the amendment hypos we did in class along with some new ones.
- Be prepared to:
- Discuss the cases.
- Discuss the amendment hypos. Some of them we did previously and some are new. I will be asking you for your answers.
- I will ask you how you would organize a Rule 15(c) relation-back essay question, and how you would state the Rule for 15(c).
- I will ask you why I disagree with the explanation for note 2.C on page 591.
- I will ask you to analyze the four relation-back scenarios found here (as revised Jan. 10)
WEDNESDAY, JAN. 27: Introduction to joinder of claims and parties; counterclaims
- FRCP 13, 18, 20, 21, 42
- CB 601-26
WEEK 4 – FEB. 1 and 3
MONDAY, FEB. 1: Joinder continued (counterclaims, crossclaims, third-party practice)
- We will pick up where we left off in the last class, on counterclaims.
- Prepare to discuss hypo regarding What Should Atticus Do?
- FRCP 13, 14
- CB 626-40
WEDNESDAY, FEB. 3: Advanced Joinder: Required joinder, class actions, more
WEEK 5 – FEB. 8 and 10
MONDAY, FEB. 8: Advanced Joinder (cont’d)
- We will continue last week’s assignment.
- To be clear, I want you to use Rule 23 to answer the class action study questions assigned Feb. 3
- I would like to add one thing: read 28 U.S.C. 1332(d)
WEDNESDAY, FEB. 10: Supplemental jurisdiction
- This assignment will take two classes. Prepare the entire assignment prior to today’s class.
- 28 U.S.C. 1367
- CB pp. 723-35, 745-66
- Handouts & problems:
- Why supplemental jurisdiction is like an ice-cream cone with sprinkles
- Supplemental jurisdiction analysis
- Contamination Rule
- Aggregation and 1367
- 1367 problem set (questions). Be prepared to discuss your answers and analysis; I will be calling on you.
- 1367 problem set (explanations available after we complete discussions)
WEEK 6 – FEB. 15, 16, and 17
Office hours this week: Tues. 3:45-6:00 PM, Wed. 3:30-5:00 PM, Thurs. 8-10AM.
MONDAY, FEB. 15: Presidents Day
- Holiday. No class.
TUESDAY, FEB. 16: Supplemental jurisdiction
- Monday classes meet today.
- Continue previous assignment from Feb. 17.
- PS (added 2/13): I made a minor change to the heading for 1367(b) in the Supplemental jurisdiction analysis handout.
WEDNESDAY, FEB. 17: Intro to discovery
- Read FRCP 26(b), specifically:
- CB 769-71, 780-805, 809-10
- Skim 805-09
- Prepare answers to study questions on chapter 21: scope of discovery. Be prepared to discuss the casebook readings, FRCP, and study questions. I will call on you.
WEEK 7 – FEB. 22 and 24
MONDAY, FEB. 22: Discovery devices
- FYI (added Feb. 21) – I used several tables in class in the past several weeks. They are now online to assist you:
- This is a big assignment but you have had plenty of time to do it. Accordingly, I will expect you to be extremely well-prepared.
- Large projects or large assignments require “chunking” of the work. Break things up into manageable pieces. Accordingly, study in the following order: 1) read the casebook; 2) do the study questions, treating them as a map to a “treasure hunt,” and 3) carefully read all the assigned rules. Then rinse, lather, repeat. Be prepared to discuss the casebook readings, study questions, and FRCP. I will call on you.
- DO THIS FIRST:
- CB 811-48 (to bottom of 848)
- CB 855-56 (starting with requests for admission)
- DO THIS SECOND:
- DO THIS THIRD:
- After you complete the study questions, go back and read the FRCP carefully. Mark them up, or as I say, “eat them for breakfast.”
- Do not read the versions of the FRCP in your statute book because these rules were amended last December. Use the version from the links below.
- FRCP 26(a), (d), (e), (f)
- FRCP 30
- FRCP 33
- FRCP 34
- FRCP 35
- FRCP 36
- FRCP 45
WEDNESDAY, FEB. 24: Discovery devices
SPRING BREAK – FEB. 29 and MAR. 2
SPRING BREAK THIS WEEK. ENJOY THE BREAK!
Tentative assignments for the remainder of the year are posted below. These assignments are subject to revision, so check back.
WEEK 8 – MAR. 7 and 9
MONDAY, MAR. 7: Discovery devices
- Continue the previous assignment.
- Each of you should have the rules printed out and marked up.
WEDNESDAY, MAR. 9: Discovery abuse & control
- Read the updated versions of the rules as linked-to below:
- CB 857-75
- Prepare answers to study questions on chapter 23: discovery controls. Be prepared to discuss the casebook readings, FRCP, and study questions. I will call on you.
- Added March 8 — for those interested, here are links to items I mentioned or showed in Monday’s class. Not assigned, but of potential interest:
WEEK 9 – MAR. 14 and 16
MONDAY, MAR. 14: Rules of Decision Act and Erie Doctrine
- Rules of Decision Act (“RDA”), 28 U.S.C. 1652
- CB 879-908, 917
- Prepare answers to study questions on the RDA, Swift, Black & White, and Erie. Be prepared to discuss.
- Start working through the Erie Coggle flowchart. I will refer to it from time to time in the next several classes.
- Added March 13: here’s a handout showing the differences between horizontal and vertical choice of law. I’ll use it in today’s class.
WEDNESDAY, MAR. 16: Rules Enabling Act (Hanna et al.)
- Rules Enabling Act (“REA”), 28 USC 2072
- CB pp. 919-20, 935-53
- Read handouts:
WEEK 10 – MAR. 21 and 23
MONDAY, MAR. 21: Rules Enabling Act (Shady Grove); putting it all together
- Note to section 2: today’s class will take place starting at 3:30PM, it will run till 4:45PM. We will use our normal room.
- CB pp. 954-74
- Prepare answers to study questions on Shady Grove. Be prepared to discuss.
- Read and fill out the Erie flowchart, which can help you to determine how to analyze a problem arising under the RDA (Erie/Hanna I) or REA (Hanna II). Come to class prepared to discuss how you would analyze each of the five (5) scenarios noted at the end of the handout.
- Prepare answers to the Erie/REA problem set. Explanations will be posted after we complete our studies of this topic.
WEDNESDAY, MAR. 23: Voluntary dismissal; summary judgment
- Read new 2015 version of FRCP 16. Do not use version in statutes book. (Chapter 26 is not assigned.)
- FRCP 41 and 56
- CB 993-1019
- Be prepared to discuss Study questions on Voluntary dismissal and the “Two-Shot” rule
- Read handout Comparing Rule 41 and Rule 15
WEEK 11 – MAR. 28 and 30
MONDAY, MAR. 28: Summary judgment
- CB 1019-1033
- Study handout Differences between dispositive motions: R12(b)(6), 12(c), 56, 50(a), 50(b). I showed this handout briefly in class last week. This handout is intended to help you understand the differences between the major dispositive motions. We will come back to this handout today, as well as when we study Rule 50.
- Read blog posting on why Rule 56 is the “put up or shut up” rule.
- Carefully study handout on the types of summary judgment. Ask yourself: what type of SJ case is Slaven? Celotex? Why is the “Proof of all my own elements” type of SJ potentially more difficult to obtain than the other types? Why can’t a plaintiff obtain SJ on her own claim using the Celotex method?
WEDNESDAY, MAR. 30: Right to jury trial
WEEK 13 – APR. 11 and 13
MONDAY, APR. 11: Motion for a new trial (MNT); relief from judgment
- FRCP 59, 60, 61
- CB 1125-44, 1152 n.5, 1153-54
- Prepare answers to questions 7-9 of the JMOL/MNT problem set
- Added April 9, helpful handouts on:
WEDNESDAY, APR. 13: Claim preclusion (a/k/a res judicata)
- CB 1203-1219, 1229-1235
- Prepare answers to claim preclusion problem set
- Handout on the relationship between fairness, finality, and flexibility
WEEK 14 – APR. 18 and 20
MONDAY, APR. 18: Issue preclusion (a/k/a collateral estoppel)
- NOTE: Per email sent out to all students, today’s class is cancelled. I will lecture on these materials on Wednesday.
- CB 1237-62
- Handout on issue preclusion & issues “essential” to judgment
- Prepare answers to issue preclusion problem set
WEDNESDAY, APR. 20: Non-mutual issue preclusion (a/k/a/ non-mutual collateral estoppel)
WEEK 15 – APR. 25 and 27
MONDAY, APR. 25: REVIEW
- Class for both section 1 and section 2 is rescheduled.
- Today’s civ pro class will be a joint review session in the Moot Court Room (room 108) starting at 9AM.
- I have reserved the room until 12:30PM in case we need the time.
- Normal late policy is suspended today. Please be on time, but if you are late you may still enter quietly.
- Section 2 students: your Torts II class with Professor Silver will take place at 2PM in room 104.
WEDNESDAY, APR. 27: LAST DAY OF CLASS
- Come to your normal class (section 1 at 11AM and section 2 at 2PM) with any questions you may have.
Updated Apr. 22, 2016