This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes. Statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge.
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 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 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.
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 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 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 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.
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 covers the basics of both spousal and child support jurisdiction. It is intended as an introduction to the materials and it can also be used for review.
This lesson is intended to be used as both an introduction to Child Custody Jurisdiction and as a review for students who have already studied the material.
This lesson addresses the enforcement provisions of the child custody jurisdiction statutes. It also addresses the international aspects of child custody enforcement. The lesson should be worked after completing the lesson on Child Custody Jurisdiction.
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 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 exercise is designed to help students learn the principles of joinder under the Federal Rules of Civil Procedure. It is designed to be used in different ways. Students may use it as a tutorial to accompany assigned readings, as a supplement to reinforce concepts discussed in class, or as a review before exams. The tutorial is interactive, requiring the student to respond to various questions and hypotheticals to learn the principles embodied in the rules. It does not assume any specific knowledge of the joinder rules - it is designed to teach the rules from the beginning.
Effective December 1, 2006, the Federal Rules of Civil Procedure were amended to reflect changes in discovery resulting from the electronic storage of information. CALI's lessons do not yet reflect these amendments. As each lesson is revised to reflect the amended rules, the lesson's catalog description will be updated to enable students and faculty to easily tell which lessons include the amended rules.
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 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 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).
The Erie Doctrine has befuddled Civil Procedure students for decades, but this lesson will take you through the basics: Why is there an Erie Doctrine? When does it apply? How does it apply? How do you tell the difference between substantive and procedural law?
This exercise gives a basic overview of the types of equitable remedies. You need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in your courses where equity is especially relevant or to review the types of equitable remedies for use in a remedies course.
In this lesson, you are presented with a hypothetical defamation case and instructed to compose a complaint for a diversity action in federal court.
This exercise has two purposes. The first is to engage students actively in legal analysis. Hence, the exercise contains some difficult questions that require careful thought. The second is to provide a survey of the rules of evidence in order to give students a deeper understanding of other subjects studied in Civil Procedure courses.
This lesson covers the basic principles of ethical pleading as required by Federal Rule 11 (it does not cover analogous state rules).
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.
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 tries to explain Coasean irrelevance (which is often known as the "Coase Theorem").