LLM Civil Procedure Angelos Law Room 403 Fall 2013 Contact Information Professor Gilda R. Daniels Office: Room 1012 Phone: (410) 837-4607 Email: gdaniels@ubalt.edu Website: www.gildadaniels.com Office hours: Monday and Wednesday, 12 noon to 1 p.m. Course Description This course focuses on the process and procedures of a civil lawsuit, from the filing of the complaint through the final appeal. It will also look at issues regarding jurisdiction, the Erie doctrine, former adjudication and joinder. The course will also provide an introduction to the structure and operation of the state and federal court systems in the United States, and concentrate on cases brought in the federal courts, conducted pursuant to the Federal Rules of Civil Procedure. Reading Assignments I expect all students to attend class and complete all reading assignments. Many reading assignments include cases or notes that refer to the U.S. Constitution ( U.S. Const. ), Title 28 of the United States Code ( USC ), and specific rules of the Federal Rules of Civil Procedure ( FRCP ). When you see such a reference, you should read the relevant text of the Constitution, statute, or rule. These are contained in the statutory supplement to the casebook, Glannon s FEDERAL RULES OF CIVIL PROCEDURE or other post 2009 FRCP. You should read all provisions contained in the readings. Most of the following page assignments are from the casebook, Glannon s CIVIL PROCEDURE ( CB ). I will post additional materials on Westlaw s TWEN service (see below). You are expected to register for TWEN and, unless otherwise indicated, are responsible for anything posted there. Reading assignments in addition to those from the casebook will appear in the Course Materials page. You ll first need to register your password, by going to www.lawschool.westlaw.com, and clicking TWEN at the top of the page. You will then be asked to enter your Westlaw password. When you register, please be sure to include the e-mail address at which you wish to be contacted. This is the address I will use for any announcements, and you should check that account at least the day 1
before each class. If you re having trouble registering or adding this course on TWEN, you should contact Westlaw for help. If the trouble persists, please let me know. Exams and Grading I will base your grade primarily on the final exam. You will have an opportunity to take a practice exam during the semester, but it will not count towards your grade. It will, however, provide you with an opportunity to experience the type of questions that you may see on a final exam. I will also consider your class participation, preparation, and attendance. Class participation will not count towards your final grade. However, instances of continued unpreparedness, poor attendance, or excessive lateness or failure to turn in any written assignments could have an adverse effect. Expectations Attendance. I expect everyone to attend class each day and to arrive on time. Walking in after class has begun is disrespectful to your fellow students. Please don t do it. If you arrive late, and see that class has begun, I would prefer that you find out what you missed from one of your classmates, rather than entering the room and disrupting a class already in progress. The University of Baltimore School of Law allows a maximum of five (5) absences. Absences due to observance of religious holidays are not included in this policy. Attendance is recorded on a sign-in sheet that is circulated at the beginning of each class. It is your responsibility to ensure that your attendance is properly recorded. The University of Baltimore s attendance policy can be found at http://law.ubalt.edu/template.cfm?page=267. Preparation and Participation. It is imperative that students learn to think on their feet and clearly articulate their views. Explaining your perspective is a valuable way to better understand the material. Accordingly, I will call on students throughout the semester. This is not intended to frighten or embarrass you, but instead to help you improve your communication skills and make sure that everyone in the class participates in discussions. If you are called upon, you are expected to answer. Please come prepared to discuss the cases and materials that have been assigned. Volunteers are welcome. I will, however, randomly call on students to ensure that everyone participates and develops the reasoning and oral presentation skills that are essential to lawyering. Laptop Use. Laptop use is permitted in class on the condition that it is confined to course-related functions only. If evidence of abuse emerges, internet access in the classroom will be discontinued. I also reserve the ability to call for laptop free days. 2
Course Materials Required Text. Students are required to bring the following materials to each class: Glannon, Civil Procedure (1st ed. 2011)( CB ) Schaefer, Developing Professional Skills: Civil Procedure, (2013) Federal Rules of Civil Procedure ( FRCP ) (Any post-2009 version of the FRCP including the Glannon supplement is acceptable.) Suggested Material. The following materials are suggested text: Glannon, Civil Procedure: Examples and Explanations (7 th edition, 2008) Glannon, The Glannon Guide to Civil Procedure (2 nd edition, 2009) 3
Syllabus The attached syllabus is tentative. The reading assignments will depend on how quickly we get through the material, and I may add or subtract readings on a particular topic. I will occasionally post readings and updates on the Westlaw/TWEN website. Each week, I will post questions and exercise(s) on TWEN for us to discuss in class. Please check TWEN on a regular basis. As a legal professional, I expect you to be prepared every day your future clients and judges will expect no less. 8/19 Introduction to American Courts, CB, pp. 3-35 8/21 8/26 Subject Matter Jurisdiction, CB, pp. 39-57, 28 USC 1332 and Article III of the US Constitution Diversity: Complete Diversity Diversity: Corporate Citizenship, CB 57-68 Subject Matter Jurisdiction, CB 74-83 Amount in Controversy 8/28 Subject Matter Jurisdiction, CB 89-100, 28 USC 1331 Federal Question 9/4 (University closed 9/2) Removal, CB 121-125,135-139, 28 USC 1441, 1446, 1447 9/9 Introduction to Personal Jurisdiction, CB 145-158, CB, 161-172 n. 9, 174 n. 15 9/11 9/16 Personal Jurisdiction, CB, 177-193, 199-208 Personal Jurisdiction, CB, 210-226, 229-230 PJ Wrap up 9/18 SMJ/PJ Wrap Up 9/23 Venue, CB 355-361, 28 USC 1391, 1404 4
9/25 Notice, CB 319-328, 333-340, FRCP Rule 4 Midterm Review 9/30 Midterm 10/2 Introduction to Pleadings, CB pp. 407-409, 418-422, n. 1-7, FRCP Rules 3, 7(a), 8(a), 8e, 10 10/7 Heightened Pleading, CB pp. 441-459 10/9 Responding to the Complaint, CB, pp. 461-463, 472-485 10/14 Answers, CB pp. 490-496, FRCP Rules 8, 12, 55 Veracity in Pleadings and Rule 11, CB, 511-529, FRCP Rule 11 10/16 Joinder, CB pp. 591-607, FRCP Rules 18 and 20 Claim and Party Joinder by Plaintiffs 10/21 Joinder, CB, pp. 608-614, 618-621, FRCP Rules 13 and 14 Counterclaims/Crossclaims 10/23 Supplemental Jurisdiction, CB 713-722, 28 USC 1367 10/28 10/30 Scope of Discovery, CB 759-60, 770-773, FRCP Rule 26(b) Discovery Tools, CB 801-802, FRCP Rules 26(a), 30(a)-d, 33, 34, 36 and 37 11/4 Work Product, CB pp. 776-786, 788 n. 2, FRCP Rule 26(b)(3) 5
11/ 6 11/11 Erie Doctrine: Determining Which Law Applies, CB pp. 873-881 Erie continued, CB pp. 881-892 11/13 11/18 Adjudication Without a Jury, Summary Judgment, CB 977-978, 988-994, 1000-1004, FRCP 56 Second Guessing the Jury: Directed Verdict/JNOV, CB 1049-1078, FRCP 59 11/20 Claim Preclusion (res judicata), CB 1183-1192, FRCP 41 11/25 Review Issue Preclusion (collateral estoppel) CB 1217-1237 6