Wednesday audio--Section A, Section B. Seating chart and Syllabus/Assessment questions tomorrow.
Review the materials from Introduction to Civil Procedure.
• Review the materials (from the Blog) showing the structure of the federal and Florida judicial systems.
• Who can create rules of procedure for a court--what possible sources? Prior to 1938, federal trial courts applied the procedural rules of the state in which they sat (e.g., the Southern District of Florida applied Florida procedure; the District of Idaho applied Idaho procedure); what are the drawbacks to that system?
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Carefully read §§ 2071-2074 (the "Rules Enabling Act"). What is the
process for creating the Federal Rules of Civil Procedure? What is the
role for Congress and the courts?
• The United States operates as an "adversary system"--what does that mean? What is the theory behind hat?
• What does "jurisdiction" mean? Consider the distinction between two pairs: "Original" v. "Appellate" jurisdiction and "Concurrent" v. "Exclusive" jurisdiction. What is the consequence of appellate review being limited to "final" orders?
We then turn to Pleading: Introduction to Pleading. For tomorrow, review FRCP 2 and 3. And begin to familiarize yourself with the facts, law, and remedies sought in each case.
• The federal rules are said to be "trans-substantive." What does that mean? Is it a good idea?
• You have the complaints from four cases. What is the purpose of the complaint? What does the plaintiff want to achieve through his complaint?
