Civil Procedure

Civil Procedure
A basic study of the operation of courts, including an introduction to the organization of state and federal courts and relationships between them. Topics studied will include jurisdiction over persons, things, and subject matter; venue; the scope of litigation as to claims, defenses, and parties; pleading, pretrial motions, discovery, and pretrial conferences; trials and the functions of judges, juries, and lawyers; appeals and the role of appellate courts; and the enforcement and finality of judgments and decrees.
 Hours4.0 Credit, 4.0 Lecture, 0.0 Lab
 PrerequisitesAdmission to law school.
Course Outcomes

Fundamental Principles

Students will understand the fundamental principles of American Civil Procedure including the rules, principles, and statutes governing the assertion of jurisdiction (subject matter jurisdiction and jurisdiction over the person or thing), the basic elements, principles and requirements of the Federal Rules of Civil Procedure (including pleadings, parties, motions, discovery, etc.), a few variations on or from those rules in state procedural practices, basic American principles of judgment recognition and judgment (primarily claim and issue preclusion rules), and the basic principles of the Erie doctrine regarding application of state laws and rules in federal court.

Legal Analysis and Reasoning

Students will develop and in class will practice by class Socratic discussion and case briefing skills of good legal analysis, reasoning, problem solving, and advocacy.

Basic Research

Students will know how to perform basic research regarding issues concerning the Federal Rules of Civil Procedure.

Effective Communication

Students will be able to communicate effectively regarding civil procedure issues orally (in class) and in writing (on the final exam and any possible short-report assignment).

Civil Procedure Issues

Students will be able to recognize and address issues that arise in Civil Procedure that implicate relevant ethical, moral, and religious principles.

Dispute Resolution

Students will understand the value and use of non-adversary alternative dispute resolution procedures and their integration with and use in resolving disputes concerning procedural rules, discovery, etc.

Lifelong Learning

Students will increase their ability and desire to engage in lifelong learning and service in their application, practice and use of the rules of civil procedure.