Civil Procedure

Civil Procedure

Elon Law School

Fall 2025

Room 207

Monday, Wednesday, & Friday 1:30–3:15 pm


Eric M. Fink

336-279-9334

Office hours: calendly.com/emfink


Teaching Assistants:

Davi Thornton

dthornton2@elon.edu

Kristian Ellis

Description

In this course, you will learn about the procedures for civil suits. Topics to be covered include the scope of a lawsuit, selection of an appropriate forum, presentation of claims and defenses, choice of applicable law, disposition without a trial, and the effect of judgments on future litigation. Other aspects of civil litigation (e.g., discovery, trials, & appeals) are covered in upper-level elective courses. While the course will focus on federal courts, the rules of civil procedure in many states (including North Carolina) are similar.

This course is intended to prepare you for legal practice by developing the knowledge and skill required to recognize and analyze procedural issues in civil litigation, advise clients on those issues and the available options, and draft pleadings and motions.

Course Materials

Required

Civil Procedure: An Open-Source Casebook (v.4.0 2025). Available on the course website.

Click & Learn Civil Procedure (Carolina Academic Press). Class Code: 325-138-0701.

Suggested

Kevin M. Clermont, Principles of Civil Procedure (West Academic 7th ed. 2024). Digital version available at no cost through the West Academic Online Study Aids Collection. This hornbook provides concise overviews of the topics covered in the course.

Joseph W. Glannon, Examples & Explanations for Civil Procedure (Aspen 9th ed.) or The Glannon Guide to Civil Procedure (Aspen 5th ed.). These are two popular study aids for Civil Procedure, presenting similar content in different formats.

Policies

Grading

Your final grade for the term will be based on the assigned Click & Learn lessons (20%) and a final exam (80%):

  • The Click & Learn lessons are intended to help you review & assess your understanding of the topics covered. The Schedule & Assignments section below lists the corresponding Click & Learn unit for each part of the course. Required lessons in each Click & Learn unit are indicated by a due date of December 1.Lessons without a due date are not required and will not count toward your final grade.

    You may work on the Click & Learn lessons at your own pace and may redo them as many times as you like, as long as you complete them all by the December 1 due date. Your grade will be based on your highest score for each lesson.
  • The final exam (closed-book/closed-note) will consist of essay and short-answer questions. You will take the final exam at the Law School during the Fall Term exam period (date & time TBA). Sample questions from past exams are posted on the course website.

Attendance

Elon Law School has adopted the following attendance policy for all courses:

The Law School administers a policy that a student maintain regular and punctual class attendance in all courses in which the student is registered, including externships, clinical courses, or simulation courses. Faculty members will give students written notice of their attendance policies before or during the first week of class. These policies may include, but are not limited to: treating late arrivals, early departures, and/or lack of preparation as absences imposing grade or point reductions for absences, including assigning a failing grade or involuntarily withdrawing a student from the class and any other policies that a professor deems appropriate to create a rigorous and professional classroom environment.

In case of illness or emergency, students may contact the Office of Student and Professional Life, which will then notify the student’s instructors. A student may notify the faculty member directly of a planned absence and should refer to individual faculty members regarding any policy that may apply. In the case of prolonged illness or incapacity, the student should contact the Office of Student Life.

You should let me know (in advance if feasible) if you are unable to attend class, will arrive late, or must leave early. I do not require an explanation of the reason, nor do I require a doctor’s note or other documentation.

Disability Accommodations

For disability accommodation requests, contact the Elon Disability Services Office.

Honor Code

The Law School honor code applies to all activities related to your law school study, including conduct during class and examinations.

Schedule & Assignments

Date

Topic

Assignment

  1. Introduction

Clermont ch. 1 & 2

Click & Learn

Basic Skills & Fundamentals

Sept. 3

The Judicial System & the Litigation Process

Casebook ch. 1

  1. Parties and Claims

Clermont ch. 6

Click & Learn

Unit 6

Sept. 5 & 7

Permissive Joinder of Claims & Parties

Casebook ch. 2, § 1

Sept. 10 & 12

Counterclaims

Casebook ch. 2, § 2.1

Sept. 15

Crossclaims

Casebook ch. 2, § 2.2

Sept. 17 & 19

Third-Party Defendants

Casebook ch. 2, § 3.1

Sept. 22

Required Parties & Intervention

Casebook ch. 2, §§ 3.2 & 3.3

  1. Personal Jurisdiction

Clermont ch. 4, §§ 4.2-4.4

Click & Learn

Unit 1

Sept. 26

Due Process and State Power

Casebook ch. 3, § 1.1

Sept. 29 & Oct. 1

Minimum Contacts

Casebook ch. 3, § 1.2

Oct. 3

General Jurisdiction, Consent, & Long-Arm Statutes

Casebook ch. 3, §§ 1.3, 1.4, & 2

  1. Subject Matter Jurisdiction

Clermont ch. 4,§ 4.1

Click & Learn

Unit 3

Oct. 6

Federal Question Jurisdiction

Casebook ch. 4, §§ 1 & 2

Oct. 8 & 13

Diversity Jurisdiction

Casebook ch. 4, § 3

Oct. 15 & 17

Supplemental Jurisdiction

Casebook ch. 4, § 4

Oct. 20

Removal

Casebook ch. 4, § 5

  1. Choice of Governing Law

Clermont ch. 3

Click & Learn

Unit 9

Oct. 22 & 24

Rules of Decision Act & Erie

Casebook ch. 5, § 1.1

Oct. 27 & 29

Rules Enabling Act & Hanna

Casebook ch. 5, § 1.2

  1. Pleading

Clermont ch. 2, § 2.2(A)

Click & Learn

Unit 5

Oct. 31 & Nov. 3

Notice Pleading & Complaints

Casebook ch. 6, §§ 1, 2, & 3

Nov. 5 & 7

Answers and Defenses

Casebook ch. 6, § 4

Nov. 10

Amendments

Casebook ch. 6, § 5

Nov. 12

Truthfulness and Good Faith

Casebook ch. 6, § 6

  1. Preclusion

Clermont ch. 5

Click & Learn

Unit 10 (part 1 only)

Nov. 14 & 17

Claim Preclusion

Casebook ch. 7, §§ 1 & 2

Nov. 19 & 21

Issue Preclusion

Casebook ch. 7, § 3

  1. Summary Judgment

Clermont ch. 2, § 2.2

Click & Learn

Unit 8 (part 1, sec. III only)

Nov. 24

Standard & Burden of Production

Casebook ch. 8

TBD

Final Review

TBD

Final Exam

Notes:
  • Readings from the Clermont hornbook are optional. You may find them helpful to get an overview of the topics covered.
  • This class will not meet on Sept. 24 and Oct. 10.