Civil Procedure

Civil Procedure

Elon Law School

Fall 2024

Room 207

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


Professor: Eric M. Fink

efink@elon.edu

336-279-9334

Office hours: calendly.com/emfink


Teaching Assistant: John Bailey

jbailey34@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 in civil litigation, advise clients on those issues and the available options, and draft pleadings and motions.

Required Materials

Required

Casebook: Civil Procedure: An Open-Source Casebook (v.3.0 2024). Available on the course website: emfink.net/CivPro.

Suggested

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

Study Aid: Joseph W. Glannon, Examples & Explanations for Civil Procedure (9th ed.) or The Glannon Guide to Civil Procedure (5th ed.).

Policies

Grading

Your final grade for the term will be based on two interim quizzes (10% each) and a final exam (80%):

  • There will be two quizzes (open-book/open-notes), consisting of multiple-choice questions. You will take the quizzes online outside of class, during the dates indicated in the course schedule. The quizzes are intended to help you assess your understanding of the material and identify topics for further review.
  • 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 (Dec. 2-9; date & time TBA).

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 Monica Isbell, misbell@elon.edu, Director of Disability Resources.

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, Chapter 1
September 4 The Judicial System and the Litigation Process Casebook, Chapter 1
 
  2: Parties and Claims Clermont, Chapter 6
September 6 Permissive Joinder of Claims & Parties Casebook, Chap. 2, §§ 1.1 & 2.1
September 9 Counterclaims Casebook, Chap. 2, § 1.2
September 11 Crossclaims Casebook, Chap. 2, § 1.3
September 13 Third-Party Joinder Casebook, Chap. 2, § 2.2
September 16 Required Parties, Intervention, & Interpleader Casebook, Chap. 2, §§ 2.3, 2.4, & 2.5
 
  3: Personal Jurisdiction Clermont, §§ 4.2, 4.3, 4.4
September 18 Due Process and State Power Casebook, Chap. 3, §§ 1.1
September 20 & 23 Minimum Contacts Casebook, Chap. 3, § 1.2
September 25 General Jurisdiction, Consent, & Long-Arm Statutes Casebook, Chap. 3, §§ 1.3, 1.4, & 2
 
  4: Subject Matter Jurisdiction Clermont, § 4.1
September 27 & 30 Standing; Federal Question Jurisdiction Casebook, Chap. 4, §§ 1 & 2
October 2 & 7 Diversity Jurisdiction Casebook, Chap. 4, § 3
October 9 & 11 Supplemental Jurisdiction Casebook, Chap. 4, § 4
October 14 Removal Casebook, Chap. 4, § 5
 
October 16 Review: Joinder, Personal Jurisdiction, & Subject Matter Jurisdiction
 
October 16-17 Quiz 1: Joinder, Personal Jurisdictgion, & Subject Matter Jurisdiction
 
  5: Choice of Law in Federal Court Clermont, Chapter 3
October 21 & 23 Rules of Decision Act & Erie Casebook, Chap. 5, § 1.1
October 25 & 28 Rules Enabling Act & Hanna Casebook, Chap. 5, §§ 1.2
 
  6: Pleading Clermont, § 2.2(A)
October 30 & November 1 Notice Pleading & Complaints Casebook, Chap. 6, §§ 1 & 2
November 4 Answers and Defenses Casebook, Chap. 6, § 3
November 6 Amendments Casebook, Chap. 6, § 4
November 8 Truthfulness and Good Faith Casebook, Chap. 6, § 5
 
  7: Preclusion Clermont, Chapter 5
November 11 & 13 Claim Preclusion Casebook, Chap. 7, §§ 1 & 2
November 15 & 18 Issue Preclusion Casebook, Chap. 7, § 3
 
  8: Summary Judgment Clermont, § 2.2(B), (C), & (E)(2)
November 20 & 22 Standard & Burden of Production Casebook, Chap. 8
 
November 25 Review: Choice of Law, Pleading, Preclusion, & Summary Judgment
 
November 25-26 Quiz 2: Choice of Law, Pleading, Preclusion, & Summary Judgment
 
TBD Final Review  
TBD Final Exam  

Note: This class will not meet on October 4 and 18