Civil Procedure

Civil Procedure

Internet Resources

Resource URL
WCU Home Page www.rcdu.org
Exam Submission Email Address www.rcdulawschool.org
Exams Listed at the end of the syllabus infra.

Objectives:

The objective of the course is to acquaint the student with the rules and procedures of code pleading. It encompasses pre-trial, trial, and appellate procedures with emphasis on the Federal Rules of Civil Procedure.

Requirements:

  • Text - Complete textbook reading assignments
  • Audio - Listen to lectures
  • Study Record - Return monthly study record by mail
  • On-Line Questions - Take on-line testing to prove competency
  • Review - Review personal notes and study material

Evaluation:

  • Faculty assessment of midterm examination. Answer 25 multiple-choice questions on-line and submit 2 essay questions for grading. Resubmitting essays can raise midterm grades. Essays will be graded and returned in 7-10 working days depending on each professor’s schedule.
  • Faculty assessment of final examination. Answer 50 multiple-choice questions on-line and submit 4 essays questions for grading. Essays will be graded and returned in 7-10 working days depending on each professor’s schedule.

Required Materials:

Texts:
Civil Procedure; 5th Edition; Stephen C. Yeazell, Professor; Published January 26, 2000 Aspen Publishers, Inc.; ISBN: 0735512418

“Nailing the Bar, A Guide to Essays” by Tim Tyler, America’s Legal & Professional Bookstores Publishing, ISBN# 1-879563-49-5

2012 Federal Rules of Civil Procedure with Selected Statutes and Cases; Stephen C. Yeazell; Published Aspen Publishing Co.; ISBN: 0735520259

Roadmap Outline:
Civil Procedure: Aspen Road Map Law Course Outline; Linda Mullenix, Professor; Published July 9, 1997 Aspen Publishers, Inc.; ISBN: 156706485X

Audio:
Fireside Civil Procedure: An Audio Companion; Joseph W. Glannon, Professor; Published January 1, 1997 Aspen Publishers, Inc.; ISBN: 0316315044

 

CIV PRO 201 & 202 COURSE SCHEDULE


 

Week #1-2

Material Subject
Text Read Chapter 1 “An Overview of Procedure” from “Civil Procedure; 5th Edition” by Yeazell
Roadmap Outline Read and Finish Q&A for Chapter 1
Audio Listen to “Fireside Civil Procedure: An Audio Companion” Audio Tapes by Professor Joseph W. Glannon (no notes)

 

Week #3-4

Material Subject
Text Read Chapter 2 “Personal Jurisdiction” from “Civil Procedure; 5th Edition” by Yeazell 
Roadmap Outline Read and Finish Q&A for Chapter 2 

 

End of Week #4

Study Record Study Record Date

 

Week #5-6

Material Subject
Text Read Chapter 3 “Subject Matter of Jurisdiction of the Federal Courts” from “Civil Procedure; 5th Edition” by Yeazell 
Roadmap Outline Read and Finish Q&A for Chapter 3 

 

Week #7-8

Material Subject
Text Read Parts 1-3 from “Federal and State Civil Procedure Handbook” by Parness 

 

End of Week #8

Study Record Study Record Date

 

Week #9-10

Material Subject
Text Read Chapter 2 “Personal Jurisdiction” from “Civil Procedure; 5th Edition” by Yeazell 
Roadmap Outline Read and Finish Q&A for Chapter 3 

 

Week #11-12

Material Subject
Text Read Chapter 3 “Subject Matter of Jurisdiction of the Federal Courts” from “Civil Procedure; 5th Edition” by Yeazell 
Roadmap Outline Read and Finish Q&A for Chapter 3 

 

End of Week #12

Study Record Study Record Date

 

Week #13-14

Material Subject
Text Read Chapter 6 “Pleading” from “Civil Procedure; 5th Edition” by Yeazell 
Roadmap Outline Read and Finish Q&A for Chapter 6 

 

Week #15-16

Material Subject
Text Read Chapter 7 “Discovery” from “Civil Procedure; 5th Edition” by Yeazell 
Roadmap Outline Read and Finish Q&A for Chapter 7 

 

1st TRIMESTER COMPLETED

Study Record Study Record Date

 

Week #17-18

Material Subject
Text Read Chapter 7 “Discovery” from “Civil Procedure; 5th Edition” by Yeazell 

 

Week #19-20

Material Subject
Text Read Chapter 8 “Resolution Without Trial” from “Civil Procedure; 5th Edition” by Yeazell 
Roadmap Outline Read and Finish Q&A for Chapter 8 

 

End of Week #20

Study Record Study Record Date

 

Week #21-22

Material Subject
Text Read Chapter 8 “Resolution Without Trial” from “Civil Procedure; 5th Edition” by Yeazell 

 

Week #23-24

Material Subject
Text Read Chapter 4 “The Erie Problem” from “Civil Procedure; 5th Edition” by Yeazell
Roadmap Outline Read and Finish Q&A for Chapter 5 
Audio Listen to “Fireside Civil Procedure: An Audio Companion” Audio Tapes by Professor Joseph W. Glannon (no notes) 

 

End of Week #24

Study Record Study Record Date

 

Week #25-26

Material Subject
Text Read Chapter 13 “Joinder” from “Civil Procedure; 5th Edition” by Yeazell 

 

Week #27-28

Material Subject
Text Read Chapter 13 “Joinder” from “Civil Procedure; 5th Edition” by Yeazell 
Roadmap Outline Read and Finish Q&A for Chapter 13 
CALI Complete “An Interpleader Primer” by David S. Welkowitz 

 

End of Week #28

Study Record Study Record Date

 

Week #29-30

Material Subject
Text Read Chapter 11 “Appeal” from “Civil Procedure; 5th Edition” by Yeazell 

 

Week #31-32

Material Subject
Text Read Chapter 11 “Appeal” from “Civil Procedure; 5th Edition” by Yeazell 
Roadmap Outline Read and Finish Q&A for Chapter 11

 

2nd TRIMESTER COMPLETED

Study Record Study Record Date

 

Week #33-34

Material Subject
CALI Complete “An Introduction to Equitable Remedies” by Barbara A. Glesner Fines
Complete “Evidence for Procedure Students” by Roger C. Park and Douglas D. McFarland
Complete “An Exercise in Civil Procedure” by William P. Kratzke

 

Week #35-36

Material Subject
Text Read Chapter 9 “Identifying the Trier” from “Civil Procedure; 5th Edition” by Yeazell 

 

End of Week #36

Study Record Study Record Date

 

Week #37-38

Material Subject
Audio Listen to “Fireside Civil Procedure: An Audio Companion” Audio Tapes by Professor Joseph W. Glannon (taking notes) 

 

MIDTERM EXAMINATION
Answer and submit the Midterm Examination Questions listed infra.

 

Week #39-40

Material Subject
Text Read Chapter 10 “Trial” from “Civil Procedure; 5th Edition” by Yeazell 

 

End of Week #40

Study Record Study Record Date

 

Week #41-42

Material Subject
Practice Exam #1 Using the “Federal Rules of Civil Procedure Handbook” by Parness Create Note Cards for Each Federal Rule of Civil Procedure Listed Below Under Practice Examination #1 

 

Week #43-44

Material Subject
Practice Exam #2 Using the “Federal Rules of Civil Procedure Handbook” by Parness Create Note Cards for Each Federal Rule of Civil Procedure Listed Below Under Practice Examination #2 

 

End of Week #44

Study Record Study Record Date

 

Week #45-46

Material Subject
Review Review Federal Rules of Civil Procedure Note Cards 
CD-ROM Watch Video Lecture Series #1 thru #11 (review notes) 
Audio Listen to “Real Property” Audio Tapes by Paula A. Franzese (review notes)

 

Week #47-48

Material Subject
All Review Material for Final Exam 

 

FINAL EXAMINATION
Answer and submit the Final Examination Questions listed infra.

3rd TRIMESTER - SUMMER SESSION - COMPLETED

 

MIDTERM EXAMINATION


 

 Midterm Examinations (Define each Federal Rule in 1 paragraph or less)

  1. Federal Rules of Civil Procedure: 3, 4, 4.1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 49, 51.
  2. Federal Rules of Civil Procedure: 54, 55, 56, 57, 58, 59, 60, 61, 62, 64, 65, 68, 69, 70, 72, 78, and 82.

 

FINAL EXAMINATION ESSAY QUESTIONS


 

Essay Examination Instructions
Your answer should demonstrate your ability to analyze the facts in the question, to tell the difference between material facts and immaterial facts, and to discern the points of law and fact upon which the case turns. Your answer should show that you know and understand the pertinent principles and theories of law, their qualifications and limitations, and their relationships to each other.

Your answer should evidence your ability to apply the law to the given facts and to reason in a logical, lawyer-like manner from the premises you adopt to a sound conclusion. Do not merely show that you remember legal principles. Instead, try to demonstrate your proficiency in using and applying them.

If your answer contains only a statement of your conclusions, you will receive little credit. State fully the reasons that support your conclusions, and discuss all points thoroughly.

Your answer should be complete, but you should not volunteer information or discuss legal doctrines that are not pertinent to the solution of the problem.

Unless a question expressly asks you to use California law, you should answer according to legal theories and principles of general application.

 

Civil Procedure Question 1

Pam took an indefinite leave of absence from her job, sublet her apartment in State A, and went to care for her elderly mother in State B. Approximately six months later, while Pam was walking to her car in the parking lot of Don’s Market in State B, Rita, a resident of State C, struck Pam with her car. In Rita’s car were three friends from State C who were traveling through State B with Rita. The friends told the police officer called to the scene of the accident that Pam was reading a magazine as she walked across the parking lot and was therefore not watching where she was going. Pam told the police officer that she had just walked out from behind a large concrete column in the parking lot when Rita’s car struck her.

Pam sued Rita and Don’s Market in federal court in State B. Pam’s complaint sought $60,000 in damages against each defendant. It also asked the court for an injunction ordering Don’s Market to tear down the concrete column in the parking lot.

Don’s Market moved to dismiss Pam’s complaint on the ground that the court lacked subject matter jurisdiction. The court denied the motion.

Rita then moved for a change of venue of the action to federal court in State C on the grounds that she is a citizen of State C and that it would be a hardship for her and her witnesses to travel to State B for trial. The court denied Rita’s motion for change of venue.

Rita then filed a notice of appeal of the court’s denial of her venue motion. The appellate court dismissed Rita’s appeal.  

  1. Was the trial court correct in denying the motion of Don's Market to dismiss the complaint on the ground that the court lacked subject matter jurisdiction? Discuss.
  2. Was the trial court correct in denying Rita's motion for change of venue? Discuss.
  3. Was the appellate court correct in dismissing Rita's appeal? Discuss.

Civil Procedure Question 2

In 1998, the Park Company (Park), a State X importer of art objects, contracted with Wholesale (W), a wholesaler based in Italy, to purchase a shipping container of vases for $800,000. The agreement, which was negotiated entirely in Italy, specified "disputes concerning this contract shall be subject to non-binding arbitration in State X prior to the commencement of any action on the contract."

Before entering into this contract, W had never done business with Park. W sells most of its goods to buyers in Spain. However, in 1996, W had sold to a State X company three shipping containers of vases worth $700,000 per container. These sales had been negotiated during a month-long sales trip to State X by W's president.

Park rejected the 1998 container of vases on the ground that over half the shipment did not conform to contract specifications. Two months following an unsuccessful private arbitration in State X, Park sued W in federal court in State X alleging $100,000 in lost profits. W timely moved to dismiss the complaint on the ground that the court lacked jurisdiction and on the alternative ground of forum non conveniens. The court denied W's motion in its entirety.

All of W's witnesses to its design and manufacturing processes are located in Italy. Italian courts provide a forum for Park's claim; however, Italian law recognizes fewer theories for recovery than State X law and imposes a limitation on damages, which State X law does not.  

Did the court correctly decide W's motion to:

  1. Dismiss for lack of jurisdiction? Discuss.
  2. Dismiss on the ground of forum non conveniens? Discuss.

Civil Procedure Question 3

Bigcorp is incorporated and headquartered in State B. While in State B, Paul, a citizen of State A, was severely injured by a defective power saw he had purchased at a store owned by Bigcorp in State B. Paul brought a products liability action for $100,000 against Bigcorp in a federal district court in State B, based on diversity of citizenship.

As discovery proceeded, Bigcorp disclosed that, although it manufactures its own power saws, the particular power saw that allegedly injured Paul had been manufactured in State A by Amcorp, which is incorporated and headquartered in State A. Amcorp and Bigcorp generally conduct business solely in their respective states, but sell surplus goods to each other twice a year.

Paul sought leave to amend his federal court complaint to name Amcorp as a defendant. Bigcorp opposed the motion, claiming that such a joinder would defeat diversity, and moved for the dismissal of the action because of the impossibility of proper joinder of Amcorp. The federal court dismissed Paul's complaint.

Paul then filed suit against Bigcorp and Amcorp in state court in State B. Amcorp filed a motion to quash service of summons contesting personal jurisdiction over it. The State B court determined that it lacked personal jurisdiction over Amcorp and dismissed it from the action. Paul voluntarily dismissed his action against Bigcorp without prejudice.

Paul then brought his products liability action in state court in State A, naming Amcorp and Bigcorp as defendants. Bigcorp moved for dismissal of Bigcorp from the action on the ground of res judicata, and the State A court granted the motion.  

  1. Was the federal court correct in dismissing the action on the ground of the impossibility of proper joinder of Amcorp? Discuss.
  2. Was the state court in State B correct in dismissing Amcorp from the action on the ground that it lacked personal jurisdiction over Amcorp? Discuss.
  3. Was the state court in State A correct in dismissing Bigcorp from the State A action on the ground of res judicata? Discuss.

Civil Procedure Question 4

Pat, involuntarily hospitalized in a State A hospital, filed a pro se complaint in federal district court in State A naming in the caption the following defendants: the United States, State A, Smith and Jones. The complaint alleged that State A violated State A law by hospitalizing him and that Smith, a hospital orderly, viciously beat him. The only allegation concerning Jones appeared immediately after the allegation concerning Smith and stated, "Regarding Jones: see Smith above." There was no mention of the United States other than in the caption.

Pat further alleged that the defendants' actions violated his federal civil rights under 42 U.S.C. S 1983, that he was a citizen of State B, and all defendants were State A citizens. He requested damages of $6,000,000 on his claim against State A, $37,500 from Smith and $37,500 from Jones.

Each defendant moved, on the basis of the pleadings alone, to dismiss the complaint on the ground that the court lacked jurisdiction. State A also moved for its dismissal on the basis that it was not a proper defendant. The United States, Smith and Jones also moved for their dismissals on the basis that the claims against them were not sufficiently pleaded. Pat responded that his complaint was “just fine."

The trial judge, relying only on the pleadings, ruled as follows:

  • The court has jurisdiction;
  • State A is not a proper defendant; and
  • The claims against the United States, Smith and Jones are sufficiently pleaded.

Was the court correct as to each of these rulings? Discuss.

 

THERE ARE NO MBE QUESTIONS FOR CIVIL PROCEDURES

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