Civil Procedure

This lesson explores the concepts of notice and knowledge. These are important concepts in many areas of law, e.g., contracts, property, constitutional law, criminal procedure and civil procedure.

This lesson is designed to help students understand notice and service of process. It covers the constitutional standard for notice as articulated by the U.S. Supreme Court and service of process under Rule 4 of the Federal Rules of Civil Procedure (Rule 4).

This lesson is about Rule 50 motions for judgment as a matter of law. The lesson is designed to walk you through the language and elements of the Rule.

This lesson teaches the basics of class action procedure under Federal Rule 23. The lesson focuses on the requirements of Rules 23(a) and 23(b). (It does not cover jurisdictional issues, appeals, issues of class management, or class settlement.)

Discovery is the court-related process during litigation through which the parties exchange information relevant to the dispute, including "documents" and "things." In 1970, the rule was amended to add "data compilations." As digital methods of communication and data storage became increasingly common, the discovery rules changed again. They now include a separate category called "electronically stored information" (ESI).

This lesson is an advanced exercise in the removal of civil actions from state to federal court. It explores the common strategies plaintiffs employ to thwart removal and the counter-strategies defendants use to defeat plaintiffs' forum choice.

This is a lesson on two types of personal jurisdiction: transient and general. This lesson also covers the important related topic of domicile.

This lesson is about supplemental jurisdiction under 28 U.S.C. § 1367. It is the first of two lessons on Section 1367. Before starting this lesson, you should understand basic subject matter jurisdiction and joinder.

This lesson is designed as an overview of specific jurisdiction. While we will review some of the most important precedents and their implications, our primary focus will be to put the doctrine in context and identify some of its major constitutional dimensions. Other lessons will explore more detailed aspects of the doctrine.

This lesson will focus on federal question jurisdiction under the federal question provisions in the Constitution and in section 1331, with primary emphasis on section 1331. We'll also spend a little time looking at related statutes, such as 28 U.S.C. §§ 1338, 1441, and 1454.

This lesson explores the various ways that a federal court can acquire personal jurisdiction over defendants, both with and without the use of a state long-arm statute.

The lesson explores the elements of claim preclusion, sometimes referred to as res judicata.

This lesson teaches the basic elements of summary judgment under Rule 56.

This lesson is part of a series of lessons about Discovery. Discovery is the process through which the parties exchange information, documents, electronically-stored information, and sometimes even tangible things. This particular lesson focuses on the processes lawyers use to create, respond to, and have disputes about discovery.

This lesson is designed to help students understand the basic principles of diversity and alienage jurisdiction in the federal district courts. It examines both the constitutional authority for diversity and alienage jurisdiction, U.S. Const. Art. III, § 2, and the statutory provisions that bestow diversity and alienage jurisdiction on the federal district courts, 28 U.S.C. § 1332(a)(1)-(a)(3). It consists of both text and explanatory problems.

This lesson presents the elements of issue preclusion, sometimes referred to as "collateral estoppel", and exceptions to the doctrine. This lesson will explore the elements of collateral estoppel and the questions of who may be bound by, or take advantage of, the prior adjudication. Another lesson will address the question of whether an adjudication in one jurisdiction can preclude relitigation in a second jurisdiction.

This lesson covers the basic principles of ethical pleading as required by Federal Rule 11 (it does not cover analogous state rules).

This lesson takes you through the basic elements of the doctrine of forum non conveniens and through the statutes governing transfer of venue in federal court.

This lesson is designed to help students understand the basics of three statutes that govern the removal of civil actions from state to federal court: 28 U.S.C. § 1441 (removal of civil actions), § 1446 (removal procedure) and § 1447 (procedure after removal). It consists of both explanatory text and problems and is divided into three sections. Students can complete all three sections at the same time or do each section separately.

This lesson teaches and reviews the concept of venue, both generally and under federal law. There is also a brief discussion of venue under state law and common law.

This lesson is part of a series of lessons about Discovery. If something is privileged, then, it is not discoverable even though it is relevant and proportional. This lesson will explore the doctrine of attorney-client privilege in the context of civil discovery in federal court litigation. Communications protected by the privilege are not discoverable, even if they are extremely relevant.

This lesson is part of a series of lessons about Discovery. Rule 26(b) of the Federal Rules of Civil Procedure describes the scope of discovery: This lesson will explore the doctrine of attorney work product. Material that falls under the work product doctrine ordinarily need not be produced in discovery, even if it is extremely relevant.

Motion practice under Fed. R. Civ. P 12. This lesson explores the range of motions available under Rule 12 and the consequences of omitting a Rule 12 defense from pleadings or motions.

This lesson is part of a series of lessons about Discovery, under Rule 26(b) of the Federal Rules of Civil Procedure. This lesson will explore the two main components of discovery relevance: logical relevance and proportionality.