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Spring 2021
LAW211  A  CIVIL PROCEDURE II

Course Description
This course will expand on several areas and concepts covered by Civil Procedure I, with an emphasis on what lawyers actually do in civil litigation to effectively navigate the process and rules governing civil disputes. We will cover joinder of claims and parties, discovery, motion practice, complex litigation including class actions, the right to a civil jury trial, the place of the jury in the civil justice system, securing and enforcing judgments, and the procedural law controlling the trial and post-trial practice and the binding effect of prior decisions. In all of these contexts, we will study the profound impact procedure has on outcome. Students will be asked to analyze the policies and goals that lie behind the procedural rules and consider how well the rules achieve those policies and goals. Students will also be challenged to consider whether the policies and goals underlying the procedural system, as well as the current rules, provide civil justice to all people.

Course Schedule
Dates Day Time Room
01-25-2021 - 04-27-2021   R  2:00 PM-3:40 PM DL

Course Frequency
This course is usually offered every semester

Course Information

Credits: 3
Pass/Fail Option: No
Prerequisite:
Grading: Graded
Method of Evaluation: several assignments during the semester, class participation and a final exam
Graduation Requirements Fulfilled By Course:
General
Special Attributes:
Bar Course
Course Delivery:
Online (synchronous and asynchronous)
Special Restrictions:
Law Track(s):
Litigation - Basic
Bar Subject(s):
FLORIDA
MBE
Concentration(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:
No  
Additional Materials:
You may have such a supplement from a prior course. If not, I recommend the following as an inexpensive option: 2021 Federal Civil Rules Booklet, https://www.legalpub.com/product-federal-rules-of-civil-procedure.html. There is no required textbook, but you may find one useful as a reference. If you do not have a textbook to refer to, you will need to be prepared to do more of your own research to answer questions and complete assignments.  
First Class Assignment(s):
  • Assignment: Week I. Judicial Power, Procedure and Context, Reading Cases Critically Review video and materials available on Blackboard. Read: Walker v. City of Birmingham, 388 U.S. 307 (1967); Shuttlesworth v. City of Birmingham, 394 U.S. 147 (1969); Luban, Difference Made Legal: The Court and Dr. King; King, Letter from a Birmingham Jail Be prepared to explain: 1) the difference in outcome between Walker and Shuttlesworth, does it depend on procedure? is it justifiable?; 2) the “collateral” bar rule discussed by the Court in Walker at 313-320; 3) why do you suppose the Walker decision omitted any serious discussion of context?; 4) Justice Stewart claims in Walker that: "This Court cannot hold that the petitioners were constitutionally free to ignore all the procedures of the law and carry their battle to the streets. One may sympathize with the petitioners’ impatient commitment to their cause. But respect for judicial process is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom." Is this correct? 5) do you agree with Luban that “the Court saw itself confronting a challenge to the judiciary's ultimate authority, the authority to stop events from getting out of hand; the Court was willing to go to almost any length in order to uphold that authority?” do you think this explains the Court’s decision? 6) what do these cases and their context tell us about procedure? About how the judiciary regards procedure and authority?   

 
Professor(s)

NEWMAN, JONEL


Biography
Contact Information:
Email: jnewman@law.miami.edu
Phone: (305)284-4125
Office: E259