Civil Procedure
Elon Law School
Fall 2022
Room 207
Monday, Wednesday, & Friday 1:30–3:15 pm

Eric M. Fink
efink@elon.edu
+1 336 279 9334
Office hours by appointment

Teaching Assistants:
Margaret Anderson (manderson57@elon.edu)
Amy Palmer (apalmer17@elon.edu)

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, advise clients on those issues and the available options, and to draft pleadings and pre-trial motions.

Required Materials

Cases and Materials for Civil Procedure (Fink 2022). PDF file available at no cost through the course website emfink.net/CivilProcedure. The course site also has study aids and links to other resources.

Kevin M. Clermont, Principles of Civil Procedure (6th ed. 2021). Digital version available at no cost through the West Academic Online Study Aids Collection.

Policies

Grading

Your final grade for the term will be based on three quizzes (30% total) and a final exam (70%).

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.

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.