Tag Archives: mbe

The Four Rules of the Erie Doctrine: don’t stress, let it flow!

The Erie doctrine stressing you out? Don’t. As Fight Club‘s Tyler Durden would say, “Let it slide!” Better yet, let it flow. Here’s a Coggle flowchart for the Erie doctrine. It’s part of the Erie doctrine set in my MBE resources, as well as my JD Erie resources. The flowchart includes numerous issues arising under the Erie doctrine, […]

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Now online: Professor Nathenson’s MBE Civil Procedure resources

Civil Procedure MBE resources now onlineI want to thank so many of you for attending the Civil Procedure MBE review that I provided at St. Thomas Law last week. The videos from last week are now online at my YouTube channel at this playlist.But as you know, it’s not possible to cover everything in four hours. […]

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MBE: Appeals

Below is a resource regarding appealability.For a master listing of all Civ Pro MBE resources on this site, click here. Appeals resourcesThe problem set on appealability addresses a number of bases for appeals from the federal district courts to the federal courts of appeals. Explanations are provided. Work through the questions in order to see how various bases […]

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MBE: Claim & Issue Preclusion

Below are resources regarding claim preclusion (res judicata) and issue preclusion (collateral estoppel).For a master listing of all Civ Pro MBE resources on this site, click here. Preclusion resourcesThis site includes many helpful resources. To the right are resources regarding preclusion, including problem sets (with explanations) and a number of handouts.In generalThe relationship between fairness, finality, and flexibilityClaim […]

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