Civ. Pro. 1 - Syllabus - University of St. Thomas
Transcription
Civ. Pro. 1 - Syllabus - University of St. Thomas
CIVIL PROCEDURE Professor Gregory Sisk Learning Objectives and Assessment Learning Objectives for Civil Procedure By the end of this semester (and by the time of the final examination), you should be able to: ● Explain basic procedural law, including the underlying theories and policy rationales, in the following areas: • selection of the forum for suit (subject matter jurisdiction, personal jurisdiction, venue, and the Erie doctrine on state law applying in diversity cases in federal court) • service of process and waiver of service of process by mail • pleading a case (notice pleading, plausibility pleading, heightened pleading, responses to complaints, and amendment of pleadings) • joining multiple claims and multiple parties to a lawsuit, including counterclaims, cross-claims, third-party claims, and compulsory joinder • motions to dismiss at the pleading stage • ethical restraints on submissions to court • discovery (interrogatories, requests for admission, and requests for documents; relevance; privilege; work-product protection; protective orders; discovery of testifying and consulting experts; physical and mental examinations; and sanctions for discovery misconduct • pretrial adjudication (dismissal, default, and summary judgment) i • pretrial conferences • right to trial by jury • trial and post-trial motions for judgment as a matter of law and for a new trial ● Apply the relevant statutes and procedural rules to reach the correct (or best) legal answers to hypothetical problems of civil litigation involving the areas set out above ● Appreciate the use of procedural rules to advance client goals and solve litigation problems, including making strategic decisions about selection of a forum, how to frame a pleading or motion, whether to seek sanctions, how to gain information from opponents in discovery, and how to present or respond to pretrial and trial stage motions ● Appreciate the ethical limitations on pleadings, motions, and discovery devices in civil litigation, including prudential judgments about how positions advocated will be received by the court ● Recognize that creation of and revisions to a procedural system, even with the best of intentions, require difficult choices that may advantage some and disadvantage others, given finite resources for investigation, advocacy, and adjudication, so that students come to appreciate the real-life consequences, especially for the disadvantaged, of procedural problems, limitations, and changes These course specific learning outcomes most directly address the following law school learning outcomes (as set out in Part III.1.A of the Academic Policy Manual): Learning Outcome 1 (by addressing professional and ethical responsibilities in civil litigation); Learning Outcome 2 (by teaching basic concepts, underlying theories, policy implications, and rules of law in civil procedure); and Learning Outcome 3 (by guiding students in analyzing and assessing strategies for resolving civil litigation problems, including both legal and non-legal issues). These course specific learning outcomes also address, but less directly, Learning Outcome 4 (by encouraging students to speak in class), Learning Outcome 5 (by evaluating the legal authorities), and Learning Outcome 6 (by addressing the differing impacts of procedural choices on those who are disadvantaged or from different cultures). - ii - Formative Assessment Formative assessment provides opportunities for students to evaluate their knowledge, check their understanding, and practice applying what they are learning and then receive feedback from your professor — before the entire semester’s grade is on the line. During the course of the semester, you will receive my feedback on your work in at least three ways: Daily Classroom Exchange: First, a limited form of formative assessment will occur on a daily basis in class as I ask questions of students who are called on and the class as a whole, thereby giving one of you at a time a chance to participate directly. Through our exchange, those who are participating will get the immediate feedback of seeing whether their contributions are moving the discussion forward or not. Thus, one more reason to volunteer in class is the opportunity to gain that immediate feedback. Multiple Choice Questions With Clickers: Second, on a nearly daily basis, both to present materials in a hypothetical problem setting and to review materials, I will present multiple choice questions and each of you will be able to record (anonymously) your selection of an answer through the electronic clickers we’ll use in class. The multiple choice questions are designed to be instructive but are also examples of the kinds of questions that will be included in the multiple choice segment of the final exam and that are included in the Multistate Bar Examination. After students have selected answers, we’ll then identify the right and wrong answers in class discussion with my guidance — including of course why those are the right and wrong answers. Midterm Exam: Third, before the fall break, you will take a midterm exam. While this midterm exam does factor in to your final grade, as explained below, it is a relatively small part of your grade and is designed primarily to give you feedback well before the final exam at the end of the semester. For most of you, the Midterm Exams will part of the learning curve for your initial introduction to legal studies; indeed, that is a primary reason we offer Midterm Exams in the first year. When the Midterm grades are released, you will have an opportunity to review your Midterm Exam and learn how you could improve your per- - iii - formance on future examinations. For each exam, I will have filled out a detailed key or score sheet, so that you can see directly what you got points for and what you did not. In addition, I will prepare a model answer that further illustrates how to analyze the issues. So you will be able to review the Midterm Exam answer that you wrote, look at the key to see what you got and what you missed, and compare that to the model answer for further explanation. If your comparison of the exam, key, and model answer do not answer your questions, our Director of Academic Achievement, Scott Swanson, is then available to meet with you and go through the Midterm exam and key for your exam in detail. Graded Assessment The overall grade in this course will be based on a Midterm Exam (worth a relatively small fraction of the grade) and a Final Exam (worth the larger share of the grade). The Midterm Exam will be scheduled by the Associate Dean’s office for each of your classes and will take place during a class period. For my Civil Procedure section, the Midterm will cover only the material included in “Part One – Forum Selection” in the overview. The Midterm will involve a single essay question to be answered in about an hour. The Final Exam will be three-hours-and-forty-five-minutes at the end of the semester. The Final will consist of (1) a multiple-choice segment (worth 40 percent) and (2) an essay question segment (worth 60 percent). While they will not be separately timed, I expect you will need approximately 45 minutes to complete the multiple choice segment and three hours for the essay segment. Both the Midterm and Final are limited open book examinations. You may bring with you the following items: (1) the casebook, (2) the rules, (3) your notes from class, (4) class handouts (if any), (5) print-outs of material from the class web page, and (6) any outline that you played a substantial role in creating. You may not bring any other materials, such as purchased outlines, treatises, or examinations and model answers from previous years. Everyone then will be on the same even playing field for these exams in terms of materials. Your compliance with these requirements will be assumed under the honor code. - iv - A “matrix” showing how the grade for the Midterm combined with the grade for the Final Exam produce a final grade is set out at the top of the next page. And when a student makes an especially dramatic improvement from the Midterm to the Final, I may exercise discretion to bump the grade up one level further. Civil Procedure – First-Year Grade Matrix Midterm Exam Grade Final Exam Grade A AB+ B BC+ C CD+ D D- DB BBC+ C C CD+ D+ D D- D B B BC+ C+ C CCD+ D D- D+ B+ B BBC+ C C CD+ D D- CB+ B B BC+ C+ C CD+ D D C B+ B+ B BBC+ C CD+ D+ D C+ AB+ B B BC+ C CCD+ D+ BAB+ B+ B BC+ C C CD+ D+ B A AB+ B BC+ C+ C CCD+ B+ A AB+ B BBC+ C C CC- Final Semester Grade = Point in Grid Where Midterm Exam Grade (Top Row) and Final Exam Grade (Left Column) Meet (E.g., A Student With a Midterm Exam Grade of C and a Final Exam Grade of B Would Receive a Final Semester Grade of B-) -v- AA AB+ B B BC+ C+ C CC- A A A AB+ B BBC+ C C C-