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Fall 2024
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LAW211
A CIVIL PROCEDURE II
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Course Description
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This course will expand on several areas and concepts covered by Civil Procedure I and add additional topics. We will cover joinder of claims and parties, discovery, motion practice, complex litigation including class actions, the right to a civil jury trial, securing and enforcing judgments, 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 critically 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.
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Course Schedule
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08-19-2024 - 11-25-2024
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MW
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11:00 AM-12:20 PM
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F108
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Course Frequency
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This course is usually offered every semester
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Course Information
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Credits:
3
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Pass/Fail Option:
No
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Prerequisite:
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Grading:
Graded
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Method of Evaluation:
assignments during the semester, class participation and a final exam
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Graduation Requirements Fulfilled By Course:
General
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Special Attributes:
Bar Course
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Course Delivery:
Residential
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Special Restrictions:
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Law Track(s):
Litigation
- Basic
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Bar Subject(s):
FLORIDA
MBE
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Concentration(s):
Litigation & Dispute Resolution (Concentration)
More information
Social Justice & Public Interest (Area of Focus)
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Social Justice & Public Interest (Concentration)
More information
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Course Book(s):
Textbook Required:
No
Additional Materials:
You must have a copy of the current Federal Rules with Advisory Committee Notes, Relevant statues from Title 28 if the U.S. Code, and the Constitution. You may have such a supplement from a prior course. There is no required textbook, but you may find one useful as a reference. If you did not have a textbook to refer, you will need to be prepared to do more of your own research to prepare for class, answer questions, and complete assignments.
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First Class Assignment(s):
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Assignment:
Class 1) Read: Article III, sec.2; Rules Enabling Act, 28 USC § 2072; Rule 1; Subrin, On Thinking About a Description of a Country’s Civil Procedure; Coleman, #SoWhiteMale: Federal Civil Rulemaking; Reda, What Does It Mean to Say That Procedure Is Political?; Friendly, The Historic Basis for Diversity Jurisdiction Be prepared to explain: 1) the purpose of the Federal Rules; 2) the process by which the rules are made; 3) how politics influence the process; 4) whether you think greater diversity on the Civil Rules Committee would make a difference in the content of the Rules; 5) should that matter, aren’t rules neutral?
Class 2) Read: Rules 65, 70 and 71; Walker v. City of Birmingham, 388 U.S. 307 (1967); Shuttlesworth v. City of Birmingham, 394 U.S. 147 (1969); King, Letter from a Birmingham Jail
Be prepared to explain: 1) the applicable Rules; 2) the facts and holdings in each case, and the dissents in Walker; 3) the collateral bar rule discussed in Walker and the two labor cases discussed in the opinions (Howat and United Mine Workers); 4) the context in which the cases were decided; 5) the difference in outcome between Walker and Shuttlesworth, does it depend on procedure? is it justifiable? 6) What is the procedural posture of each case? 7) what do these cases and their context tell us about procedure? About how the judiciary regards procedure and authority?
Material: All materials (except required rules and statutes) are posted on blackboard.
Friendly, The Historic Basis for Diversity Jurisdiction (1).pdf
Coleman, #SoWhiteMale_ Federal Civil Rulemaking (2).pdf
Reda, What Does It Mean to Say That Procedure Is Political .pdf
Subrin, On Thinking About a Description of a Country’s Civil Procedure .pdf
Dr. King, Letter from a Birmingham Jail.pdf
Shuttlesworth v. City of Birmingham, 394 U.S. 147 .pdf
Walker v. City of Birmingham, 388 U.S. 307 (1967).pdf
Walker v. City of Birmingham, 388 U.S. 307 (1967).pdf
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View Book Information
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