This lesson has been revised to reflect the December 1, 2006 amendments to the Federal Rules of Civil Procedure, as they were re-written effective December 1, 2007.
Read moreThe Erie Doctrine has befuddled Civil Procedure students for decades, but this lesson will take you through the basics: Why is there an Erie Doctrine? When does it apply? How does it apply? How do you tell the difference between substantive and procedural law?
Read moreMotion practice under Fed. R. Civ. P 12. This lesson explores the range of motions available under Rule 12 and the consequences of omitting a Rule 12 defense from pleadings or motions.
Read moreThis lesson is designed as an overview of specific jurisdiction. While we will review some of the most important precedents and their implications, our primary focus will be to put the doctrine in context and identify some of its major constitutional dimensions. Other lessons will explore more detailed aspects of the doctrine.
Read moreThis lesson is an advanced exercise in the removal of civil actions from state to federal court. It explores the common strategies plaintiffs employ to thwart removal and the counter-strategies defendants use to defeat plaintiffs' forum choice.
Read moreThis lesson takes you through the basic elements of the doctrine of forum non conveniens and through the statutes governing transfer of venue in federal court.
Read moreThis lesson is part of a series of lessons about Discovery. Discovery is the process through which the parties exchange information, documents, electronically-stored information, and sometimes even tangible things. This particular lesson focuses on the processes lawyers use to create, respond to, and have disputes about discovery.
Read moreThis lesson is designed to help students understand the basic principles of diversity and alienage jurisdiction in the federal district courts. It examines both the constitutional authority for diversity and alienage jurisdiction, U.S. Const. Art. III, § 2, and the statutory provisions that bestow diversity and alienage jurisdiction on the federal district courts, 28 U.S.C. § 1332(a)(1)-(a)(3). It consists of both text and explanatory problems.
Read moreThis exercise is in three parts. First, the student surveys the basic law of preclusion (both claim preclusion and issue preclusion) to test and to solidify understanding of the area. The questions explore the elements of the doctrines, such as the requirements of a final judgment and necessary decision of an issue, as applied to various fact situations. Hypertext is available at all times for quick review or checking of the elements. The second part of the exercise becomes more complex as it turns to heavy emphasis on the policies behind issue preclusion. The student analyzes each fact situation from two perspectives: Blackletter Bart, who takes a rule-bound approach to issue preclusion, and Functional Felicia, who takes a policy-oriented approach to issue preclusion. Third, the student answers questions developing the abandonment by the courts of the requirement of mutuality for issue preclusion. Both defensive collateral estoppel and offensive collateral estoppel, from the perspectives of both the plaintiff and the defendant, are analyzed.
Read moreThis lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes. Statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge.
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