Civil Procedure
Elon Law School
Fall 2023
Room 207
Monday, Wednesday, & Friday 1:30–3:15 pm
Professor: Eric M. Fink
336-279-9334
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.
Required Materials
Civil Procedure: An Open-Source Casebook (2023) (“Casebook”). Available on the course website: emfink.net/CivilProcedure.
Kevin M. Clermont, Principles of Civil Procedure (6th ed. 2021) (“Hornbook”). Digital version is available at no cost through the West Academic Online Study Aids Collection.
Policies
Grading
Your final grade for the term will be based on interim quizzes (30%) and a final exam (70%):
- There will be three quizzes (open-book/open-notes), consisting of multiple-choice questions. You will take the quizzes online outside of class, any time during the dates indicated in the course schedule below. The quizzes are intended to help you assess your understanding of the material and identify topics for further review. The quiz portion of your final grade will be based on your two best quiz results.
- 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 on the date indicated in the course schedule below.
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 and Professional 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 Law Registrar’s 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 |
---|---|---|
Introduction | Clermont, Chapter 1 | |
August 28 | The Judicial System and the Litigation Process | Casebook, Chapter 1 |
Parties and Claims | Clermont, Chapter 6 | |
August 30 | Permissive Joinder of Parties and Claims | Casebook, Chap. 2, §§ 1 & 2 |
September 1 | Counterclaims | Casebook, Chap. 2, § 3 |
September 6 | Crossclaims | Casebook, Chap. 2, § 4 |
September 8 | Third-Party Claims | Casebook, Chap. 2, § 5 |
September 11 | Required Parties, Intervention, & Interpleader | Casebook, Chap. 2, §§ 6, 7, & 8 |
Personal Jurisdiction | Clermont, §§ 4.2, 4.3, 4.4 | |
September 13 | Due Process and State Power | Casebook, Chap. 3, § 1.1 |
September 18 & 20 | Minimum Contacts | Casebook, Chap. 3, § 1.2 |
September 22 | General Jurisdiction, Consent, & Long-Arm Statutes | Casebook, Chap. 3, §§ 1.3, 1.4, & 2 |
September 27 | Joinder & Personal Jurisdiction Review | |
September 27-29 | Quiz 1: Joinder & Personal Jurisdiction | |
Subject Matter Jurisdiction | Clermont, § 4.1 | |
September 29 & October 2 | Federal Question Jurisdiction | Casebook, Chap. 4, § 1 |
October 4 & 9 | Diversity Jurisdiction | Casebook, Chap. 4, § 2 |
October 11, 13 & 16 | Supplemental Jurisdiction & Removal | Casebook, Chap. 4, §§ 3 & 4 |
Choice of Law in Federal Court | Clermont, Chapter 3 | |
October 18 & 20 | Rules of Decision Act & Erie | Casebook, Chap. 5, § 1 |
October 23 | Rules Enabling Act & Hanna | Casebook, Chap. 5, §§ 2 & 3 |
October 25 | Subject Matter Jurisdiction & Choice of Law Review | |
October 25-27 | Quiz 2: Subject Matter Jurisdiction & Choice of Law | |
Pleading | Clermont, § 2.2(A) | |
October 27 & 30 | Complaints | Casebook, Chap. 6, §§ 1 & 2 |
November 1 | Answers and Defenses | Casebook, Chap. 6, § 3 |
November 3 | Amendments | Casebook, Chap. 6, § 4 |
November 6 | Truthfulness and Good Faith | Casebook, Chap. 6, § 5 |
Preclusion | Clermont, Chapter 5 | |
November 8 & 10 | Claim Preclusion | Casebook, Chap. 7, §§ 1 & 2 |
November 13 & 15 | Issue Preclusion | Casebook, Chap. 7, § 3 |
Summary Judgment | Clermont, § 2.2(B), (C), & (E)(2) | |
November 17 | Standard & Burden of Production | Casebook, Chap. 8 |
November 20 | Pleading, Preclusion, & Summary Judgment Review | |
November 20-24 | Quiz 3: Pleading, Preclusion, & Summary Judgment | |
December 1 | Final Review | |
December 4 | Final Exam |
Note: This class will not meet on Sept. 4, Sept. 15, Sept. 25, and Oct. 6