Civil Procedure

Civil Procedure

Elon Law School

Fall 2023

Room 207

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


Professor: Eric M. Fink

efink@elon.edu

336-279-9334

Office hours by appointment

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