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).
The topic of this podcast is the Parol Evidence Rule. In general, there is no probem with oral agreements. There are a few exceptions where the agreement has to be evidenced by a writing to satisfy the Statute of Frauds, but by and large oral agreements are perfectly valid.
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 is an Interactive Casebook The online Lawbooks version offers embedded interactive questions to help students understand and apply the material as they learn it. This casebook is also available as a PDF and in print. The PDF version includes direct links to the interactive questions on the...
This lesson introduces strategies and resources for researching state and federal judges. After completing this lesson, you will feel comfortable researching a judge's educational and professional history, scholarship, prior opinions, and other courts and judges they most frequently cite. It will be useful for prospective and current judicial clerks, law firm summer associates, paralegals, and practicing attorneys.
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.