University of Miami School of Law CourseLink Course Description - Online System
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Spring 2019

Course Description
This course begins where Civil Procedure I ends, providing in-depth coverage of all stages of civil litigation. One objective of the course is to provide a strong background in the law of modern American civil procedure. Thus, the course will be of interest to those students focusing on litigation, as well as those students who plan to focus on transactional law but want a better understanding of litigation risk management. But another objective of the course is to consider the policy implications of procedural law. Law school classes tend to distinguish the "substantive" law from the "procedure" by which the law is adjudicated, but the two are intertwined. In fact, substantive law can be thwarted by such mundane procedural doctrines as the specificity required in a complaint. Accordingly, the course will introduce students to analytical methods to assess the impact of procedures on the substantive aims of the law. Topics covered in the course include pleading, motion practice, discovery, summary judgment, trial, settlement theory and practice, alternative dispute resolution, arbitration, joinder, judgments, and appellate review.

Course Schedule
Dates Day Time Room
01-14-2019 - 04-23-2019   MW  11:00 AM-12:20 PM E352

Course Frequency
This course is usually offered every semester

Course Information

Credits: 3
Pass/Fail Option: Yes
Prerequisite: Civil Procedure I.
Grading: Graded
Method of Evaluation:
Graduation Requirements Fulfilled By Course:
Special Attributes:
Bar Course
Course Delivery:

Special Restrictions:
Law Track(s):
Litigation - Basic
Bar Subject(s):
Litigation & Dispute Resolution (Concentration)   More information
Social Justice & Public Interest (Area of Focus)   More information
Social Justice & Public Interest (Concentration)   More information
Course Book(s):
Textbook Required:
  • Textbook Name: Field, Kaplan and Clermont's Materials for a Basic Course in Civil Procedure, 12th
    Textbook Type: Hardcover
    Requirement: Required
    Author: Clermont
    Publisher: West Academic
    Edition: 12th
    ISBN: ISBN-13 9781634593
  • Textbook Name: Clermont's Federal Rules of Civil Procedure and Selected Other Procedural Provisions, 2018
    Textbook Type: Paperback
    Requirement: Required
    Author: Clermont
    Publisher: West Academic
    Edition: 2018
    ISBN: ISBN-13 9781640208
First Class Assignment(s):
  • Assignment: For the first class, please read the following case: Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co., 130 S. Ct. 1431 (2010). The case is attached.

    A. Richard H. Field et al., Civil Procedure: Materials for a Basic Course (12th ed. 2017) ("FK").

    B. Kevin M. Clermont, Federal Rules of Civil Procedure (2018) ("FRCP").

    C. Additional readings will be posted on the "Syllabus & Readings" page on the course website, ("C"). Please use your email login and password to access the website.

    TWEN/Blackboard/Course Webpage Link:

    Additional Information:
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Contact Information:
Phone: (305)284-5899
Office: G380