INTRODUCTION TO LAWYERING SKILLS/CIVIL PROCEDURE I SYLLABUS WEEKS 1-7

Transcription

1 University of Baltimore School of Law / I Fall 2014 INTRODUCTION TO LAWYERING SKILLS/CIVIL PROCEDURE I SYLLABUS WEEKS 1-7 8/6/14 This document provides the major deadlines and daily reading assignments for the first half of the course. Civil Procedure readings and readings are listed separately but are both due on the days indicated. Due dates and reading assignments may be changed if necessary; this syllabus will be updated accordingly. Please note that this document does not give the deadlines or reading assignments for your Monday Research and Citation workshops. For your Thursday Morning assignments and readings, you will need to consult the document Research & Citation Syllabus (Distributed before class on 8/21/14). MAJOR DATES AND DEADLINES 1. Closed Problem: Distributed in class 8/25/14. Closed Memo Draft Due Tuesday 9/23/14 by 5pm; Closed Memo Final due Monday 10/6/14 by 5pm. 2. Midterm examination: In class 10/3/12. DAILY READING ASSIGNMENTS Abbreviations Used CB = Casebook [Richard L. Marcus et al., Civil Procedure: A Modern Approach (6th ed. 2009)] RB = Rulebook [Federal Rules of Civil Procedure (Educational ed. 2014)]. The Rulebook contains different collections of rules and statutes. We will focus on the Federal Rules of Civil Procedure for the United States District Courts (FRCP), but will also study some of the other rules and statutes. N&S= Neumann & Simon (Richard K. Neumann, Jr. & Sheila Simon, Legal Writing (2d ed. 2011)) HO = Handout available on TWEN SLN= Sloan [Amy E. Sloan, Basic Legal Research: Tools and Strategies (5th ed. 2013)] BB= Bluebook [The Bluebook: A Uniform Manual of Citation (19th ed. 2010)] PULL = It is your responsibility to pull this case from the library, internet, or electronic database 1

2 University of Baltimore School of Law / I Fall 2014 Week I (8/18 8/21) Mo 8/18 Introductions HO: The Food Stays in the Kitchen HO: Course Information HO: Course Syllabus Weeks 1-7 Wed 8/20 (part 1) Life of a Civil Case I CB: pp (Band s Refuse + note 1) Wed 8/20 (part 2) Judicial Hierarchy Weight of Authority HO: Judicial Hierarchy HO: Circuit Map SLN: pp. 1-9 RB: pp. V-IX; p. 39 (FRCP 1); pp. 403 (FRAP 1); p. 519 (Constitutional Provisions); pp. 799 ( ) Thu 8/21 Introduction Legal Research and citation HO: Research & Citation Syllabus BB: pp (skim) Week II (8/25 8/28) Mo 8/25 Life of a Civil Case II HO: How to Brief a Case RB: pp. XI-XXIII; pp. 1-2 (FRCP Table of Rules) CB: pp (Koethe v. Smith), p. 22 (note 1), p. 24 (note 4), pp (Procedural Challenges) ** Closed Problem Distributed ** 2

3 University of Baltimore School of Law / I Fall 2014 Week II (con t) Wed 8/27 (pt 1) Legal Rules and Their Sources N&S: Chapters 2-4 HO: Band s Refuse, Koethe v. Smith (unedited versions; skim and compare to CB versions) Wed 8/27 (pt 2) Post Judgment Remedies CB: (Carey v. Piphus), 79 (nt. 1), (nt. 7), (Smith v. Western Electric), 92-3 (nt. 1) Thu 8/28 [Finn] Office Memo + Closed Problem Overview N&S: Chs HO: Closed Memo Problem Week III (9/1 9/4) Mo 9/1 **NO CLASS** **LABOR DAY** Wed 9/3 (pt 1) Introduction to Pleadings CB: (Gillispe v. Goodyear Service Stores), (nts. 1-2, 6-7), (United States v. Board of Harbor Commissioners), 141 (nt. 1) Wed 9/3 (pt 2) Elements of Legal Proof N&S: Chapters 5-8 Thu 9/4 [Finn] CREAC Organization N&S: Chs Appendix A 3

4 University of Baltimore School of Law / I Fall 2014 Week IV (9/8 9/11) Mo 9/8 Consistency and Honesty in Pleading CB: (McCormick v. Kopmann), 147 (n. 1), (Zuk v. Eastern PA Psych Institute), (n.1) RB: pp (FRCP 11) Wed 9/10 (pt 1) Sufficiency of Pleadings Part I CB: (Mitchell v. Archibald & Kendall), 170 (nt. 1), (Te1labs v. Makor Issues & Rights), 183 (nt. 1). RB: pp , (FRCP 8, 12) Wed 9/10 (pt 2) Analogical Reasoning N&S: Ch. 9 Thu 9/11 [Finn] Rule Statement Workshop ** Bring 2 copies of your draft rule statement Week V (9/15 9/18) Mo 9/15 Sufficiency of Pleadings Part II CB: (Swierkiewicz v. Sorema); (Bell Atlantic v. Twombly; Ashcroft v. Iqbal), (nts. 1-2), Wed 9/17 (pt 1) Default; Admission or Denial CB: (Shepard Claims Service), 226 (nts. 2-4), (Crompton & Knowles Corp), 231 (nts. 1-2), (section on affirmative defenses) RB: pp (FRCP 54-55) Wed 9/17 (pt 2) Logos, Ethos, Pathos No Reading Assignment 4

5 University of Baltimore School of Law / I Fall 2014 Week V (con t) Thu 9/18 [Finn] Editing Workshop N&S: Chs ** Bring two copies of your draft closed memo** Week VI (9/22 9/25) Mo 9/22 Voluntary Dismissal, Amendment, & Relation Back CB: (Crompton & Knowles Corp), 248 (nt. 1), (Krupski v. Costa Crociere), (nt. 1) RB: pp (FRCP 15) ** Tu 9/23 ** ** Closed Memo Draft Due ** Wed 9/24 (pt 1) [Finn/Starger] Closed Memo Conferences TBA Wed 9/24 (pt 2) [Finn/Starger] Closed Memo Conferences TBA Thu 9/25 [Finn/Starger] Closed Memo Conferences TBA 5

6 University of Baltimore School of Law / I Fall 2014 Week VII (9/29 10/2) Mo 9/29 Introduction to Discovery CB: (Hickman v. Taylor; In re Convergent Technologies), (nts 1-4), (Section on Discovery devices); RB: pp , (FRCP 16, 26) Wed 10/1 (pt 1) catch-up class plus midterm review Review class notes + come with questions Wed 10/1 (pt 2) Research Training I Thu 10/2 In-class Civil Procedure Midterm Examination Covers all civil procedure materials from Weeks 1-7. ** Mo 10/6 ** ** FINAL CLOSED MEMO DUE by 5pm** 6