Lesson Viewed
Demurrers and Judgments on the Pleadings
This lesson has been revised to reflect the December 1, 2006 amendments to the Federal Rules of Civil Procedure, as they were re-written effective December 1, 2007.
This lesson has been revised to reflect the December 1, 2006 amendments to the Federal Rules of Civil Procedure, as they were re-written effective December 1, 2007.
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, 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.
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.
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.
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 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 basic elements of summary judgment under Rule 56.
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.)
As its name implies, this lesson is designed to give the student an introduction to the subject of interpleader. The lesson briefly describes the concept of interpleader and some of the historical limitations on the remedy, but its focus is on interpleader under the federal statute and Rule 22.
This exercise is in three parts. First, the student surveys the basic law of preclusion (both claim preclusion and issue preclusion) to test and to solidify understanding of the area. The questions explore the elements of the doctrines, such as the requirements of a final judgment and necessary decision of an issue, as applied to various fact situations. Hypertext is available at all times for quick review or checking of the elements. The second part of the exercise becomes more complex as it turns to heavy emphasis on the policies behind issue preclusion. The student analyzes each fact situation from two perspectives: Blackletter Bart, who takes a rule-bound approach to issue preclusion, and Functional Felicia, who takes a policy-oriented approach to issue preclusion. Third, the student answers questions developing the abandonment by the courts of the requirement of mutuality for issue preclusion. Both defensive collateral estoppel and offensive collateral estoppel, from the perspectives of both the plaintiff and the defendant, are analyzed.
The lesson explores the elements of claim preclusion, sometimes referred to as res judicata.