Wednesday audio--Section A, Section B. Essay # 3 will post next Wednesday, March 13 and will be due the following Wednesday, March 20 (I understand you all have LSV papers this weekend). Many people still need to pick up Essays ## 1 and 2.
We continue with Amendments and Relation Back.
• What is imputed or constructive notice? Key emphasis on "impute"--what does that word mean and how does that explain "imputed knowledge?" How can the to-be-added party get either actual or imputed notice? What are the timing requirements for that notice?
• What is a "mistake concerning the proper party's identity," according to the 1966 Committee notes, Krupski, and Herrera? Why no relation back of a Doe defendant? What is the argument that Krupski allows Doe relation back?
Then move to Managerial Judging, focused on FRCP 16.
• What is managerial judging and how does FRCP 16 contribute to that? What does FRCP 16 require or allow the judge to do?
Then we may hit the very beginning of Discovery: Discovery Process. Just for tomorrow, prep FRCP 26(f), 30, and 34.
• How does discovery square with the adversary system? How does adverseness work into discovery?
• Why would a party object in a deposition?
• What is the connection between discovery and notice pleading?
