Civil Procedure (Spring 2008)
Prof. Rhonda Wasserman
Course Information and Requirements
Prof. Wasserman Spring 2008 Office: Room 321 Telephone: (412) 648-1338 Fax: (412) 648-2648 E-mail: wasserma@pitt.edu
Course Description:
Civil Procedure -- the "rules" part of the required, first-year Legal Process and Civil Procedure sequence -- covers various topics that arise in the pre- and post-trial stages of civil litigation. We will focus on federal procedural statutes and the Federal Rules of Civil Procedure, which have served as models for procedural rules in many other jurisdictions. The course will cover:
Pleading: the documents (pleadings and related motions) by which litigation is initiated, defined, and sometimes disposed of;
Joinder of claims and parties and supplemental jurisdiction: how litigation may be structured when it involves multiple claims and parties and the extent of federal courts’ power to hear particular claims in the litigation as structured;
Pre-trial discovery: the means by which parties obtain information prior to trial;
Summary judgment: disposition of issues or claims through a final judgment on the merits without trial; and
Preclusive Effects of Judgments: limitations on the parties’ ability to re-litigate matters that have been decided in a prior action.
Credit Hours and Meeting Times:
This is a three-credit course that will meet twice a week: on Mondays and Tuesdays, 1:25 - 2:40 p.m., in Room 111. Attendance is required, and the School’s attendance policy will be enforced (see below). If a class is canceled, a make-up class will be scheduled either before the canceled class or as soon thereafter as is reasonably possible.
Attendance:
The School of Law’s attendance policy will be enforced and sign-in sheets will be circulated on a daily basis. Students must attend at least 80% of the class meetings. To be counted as present, a student must be prepared and arrive on time. A student who does not satisfy the 80% attendance requirement may be "certified out" of the course and receive a "U" grade.
Office Hours:
I have an open door policy. Please feel free to stop by my office (Room 321) with your questions or just to chat whenever convenient. (If you come at a time that is inconvenient for me, I’ll let you know and we can pick a mutually convenient time to meet.) If you would prefer, you may email or call me to schedule an appointment.
Syllabus:
A tentative syllabus is attached. Specific assignments will be announced at the end of each class for the upcoming class. It likely will prove necessary to make adjustments to the syllabus, and I will announce those changes in class and via email.
Required Reading
Four books are required for the course:
Richard L. Marcus, Martin H. Redish & Edward F. Sherman, Civil Procedure: A Modern Approach (4th ed. 2005) (the "Casebook")
Joseph W. Glannon, Civil Procedure: Examples and Explanations (5th ed. 2006) ("Glannon")
Any current edition of the Federal Rules of Civil Procedure as long as it includes the newly restyled Rules effective December 2007
Rhonda Wasserman, Supplementary Materials for Civil Procedure (Spring 2008) (the "Wass. Supp.")
Reference Books:
Several additional books may be helpful as you explore the covered material, but they are not requi
red:Civil Procedure Stories (Kevin M. Clermont ed., 2004) ("Clermont") – on reserve
Jack H. Friedenthal, Mary Kay Kane & Arthur R. Miller, Civil Procedure (4th ed. 2005) – on reserve
Joseph W. Glannon, The Glannon Guide to Civil Procedure (2003) ("Glannon Guide") – on reserve
Fleming James, Jr., Geoffrey C. Hazard, Jr. & John Leubsdorf, Civil Procedure (5th ed. 2001) – on reserve
James W. Moore, Moore’s Federal Practice (multi-volume set) – in stacks
Roger C. Park & Douglas D. McFarland, Computer-aided Exercises on Civil Procedure (5th ed. 2004) ("Park & McFarland") – on reserve
Charles Alan Wright & Mary Kay Kane, Law of Federal Courts (6th ed. 2001) – on reserve
Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure (multi-volume set) – in stacks
Litigation Papers:
Glannon contains a full set of litigation papers (e.g., complaint, answer) with accompanying explanatory text. Portions of this material will be assigned as required reading.
Practice Exercises:
Glannon also contains sets of practice problems, with answers, on material we will cover this semester. None of these practice exercises is required.
Computer Exercises:
During the course of the semester, you will be encouraged to complete several computer exercises distributed by the Center for Computer-Assisted Legal Instruction ("CALI"). The Park & McFarland book contains background reading necessary to complete these exercises. (Several copies of Park & McFarland have been placed on reserve.) You may complete the exercises in the law school’s computer laboratory or on a home computer. To access the exercises, either borrow a CALI CD from the library or visit the CALI website at www2.cali.org. To log on for the first time, you’ll need to enter the Pitt authorization code: [deleted from web]. None of these computer exercises is required.
Web Page:
I have created a web page for the course, which contains a course description; course information and requirements; the syllabus; links to my e-mail and to my home page; copies of exams administered in prior years; and the PowerPoint slides used in class. The address is:
Disabilities Requiring Accommodation:
Students with disabilities who require special testing or other accommodations should notify Dean Kevin Deasy in the Office of Student Affairs in the School of Law as early in the semester as possible. Dean Deasy will refer you to the Office of Disability Resources and Services ("DRS"), 216 William Pitt Union, (412) 648-7890, which will verify your disability and determine the accommodations to be provided. Dean Deasy will assist you with notifying professors regarding classroom accommodations, if any. Due to the School’s anonymous grading policy, students should not discuss exam accommodations with professors. Dean Deasy and the Registrar, Beth Liberatore, will ensure that testing accommodations are provided through the DRS.
Grades & Exam:
The grade you receive on the final examination, to be administered on April 24, 2008, will be your grade for the course. The final exam will be three and one half hours long, with one hour of multiple choice questions and two hours of essay questions (and an extra half hour to read through the exam before you begin writing).