Wednesday, March 8, 2017

For Friday--Section A

Wednesday audio.

The Preliminary Exam will be posted on Monday, March 20 and due at the beginning of class on Monday, March 27. Details can be found on the Syllabus. Essay VI will be posted on Friday, March 24 and due at the beginning of class on Wednesday, March 29.

On Friday, we will wrap the discussion of Summary Judgment. Look at FRCP 56(f) and (g). What happens if summary judgment is granted in full? What if denied or granted only in part?

We then shift our attention to questions of forum-selection--where a case will be heard. This will also give content and detail to some rules that we already have discussed, such as 12(b)(1)-(3)--we now will discuss the legal rules that govern such motions and such issues.

We start with Subject Matter Jurisdiction. Prepare Overview of Federal Jurisdiction, looking at the jurisdictional allegations in our sample pleadings. Then move to Diversity Jurisdiction; for Friday, look at § 1332(a), § 1369, Mas, and the entire Glannon's reading. Consider:
   • What are the purposes of diversity jurisdiction?
   • What is the difference between complete diversity and minimal diversity? What is required by § 1332? What is required by Article III? And why does it make a difference?
   • What are the policy reasons for requiring complete rather than minimal diversity? What are the problems with that argument?