Final Exam (Both Sections)

Here is operative Complaint as a separate document. Complete Final Exam here.

Instructions can be found here. Section A assignments. Section B assignments. Make sure you write the correct essays.

Exam Assignments (Section A)

Find your Blind ID number and the three assigned questions you will answer. If you do not see your Blind ID number, please reach out to the Registrar's Office.

Everyone is assigned three questions:

            • Question # 2 (short answer)

            • One question on forum selection

            • One question on other issues

 

 

1008: Questions 2/7/1  

1012: Questions 2/7/9

1025: Questions 2/7/10

1029: Questions 2/7/11

1042: Questions 2/7/12

1056: Questions 2/7/13

1060: Questions  2/8/1

1067: Questions 2/4/9

1079: Questions 2/4/10

1094: Questions 2/4/11

1108: Questions 2/4/12

1132: Questions 2/4/13

1141: Questions 2/5/1

1147: Questions: 2/3/11

1164: Questions 2/5/9

1165: Questions 2/5/10

1221: Questions 2/5/11

1236: Questions 2/5/12

1246: Questions 2/5/13

1250: Questions 2/6/1

1257: Questions 2/6/9

1258: Questions 2/6/10

1266: Questions 2/6/11

1268: Questions 2/6/12

1271: Questions 2/3/1

1273: Questions 2/3/9

1274: Questions 2/3/10

1289: Questions 2/3/11

1304: Questions 2/3/12

1331: Questions 2/3/13

1338: Questions: 2/4/1

1360: Questions: 2/8/9

1370: Questions: 2/8/10

1381: Questions: 2/8/11

1382: Questions: 2/8/12

1389: Questions: 2/8/13

1393: Questions: 2/8/1

1394: Questions: 2/8/9

1396: Questions: 2/8/10

1401: Questions: 2/8/11

1402: Questions: 2/8/12

1417: Questions: 2/8/13

1419: Questions: 2/7/1

1422: Question 2/7/9

1435: Questions: 2/7/10

1473: Questions: 2/7/11

1486: Questions: 2/7/12

1487: Questions: 2/7/13

1489: Questions: 2/6/1

1498: Questions: 2/6/9

1573: Questions: 2/6/10

1584: Questions: 2/6/11

1592: Questions: 2/6/12

1600: Questions: 2/6/13

1641: Questions: 2/5/1

1648: Questions: 2/5/9

1681: Questions: 2/5/10

1689: Questions: 2/5/11

1724: Questions: 2/5/12

1774: Questions: 2/5/13

1813: Questions: 2/4/1

1824: Questions: 2/4/9

1834: Questions: 2/4/10

1851: Questions: 2/4/11

1876: Questions: 2/4/12

1939: Questions: 2/4/13

1949: Questions: 2/3/1

1971: Questions: 2/3/9

1975: Questions: 2/3/10

Question Assignments (Section B)

Find your Blind ID number and the three assigned questions you will answer. If you do not see your Blind ID number, please reach out to the Registrar's Office.

Everyone is assigned three questions:

            • Question # 2 (short answer)

            • One question on forum selection

            • One question on other issues

 

 

1032: Questions 2/3/1

1048: Questions 2/3/9

1053: Questions 2/3/10

1075: Questions 2/3/11

1086: Questions 2/6/12

1087: Questions 2/6/13

1098: Questions 2/8/1

1099: Questions 2/4/9

1135: Questions 2/4/10

1172: Questions 2/4/11

1183: Questions 2/4/12

1185: Questions 2/4/13

1187: Questions 2/5/1

1188: Questions 2/8/9

1207: Questions 2/5/10

1218: Questions 2/5/11

1238: Questions 2/5/12

1241: Questions 2/5/13

1243: Questions 2/6/11

1277: Questions 2/6/12

1281: Questions: 2/6/1

1283: Questions 2/6/9

1287: Questions 2/6/10

1292: Questions 2/3/1

1299: Questions 2/3/9

1301: Questions 2/3/10

1306: Questions 2/6/13

1315: Questions 2/7/1

1316: Questions 2/3/11

1334: Questions 2/6/11

1355: Questions 2/7/9

1376: Questions 2/7/10

1383: Questions 2/7/11

1403: Questions 2/7/12

1411: Questions 2/7/13

1423: Questions 2/8/1

1426: Questions 2/8/9

1488: Questions 2/8/10

1515: Questions 2/8/11

1517: Questions 2/8/12

1571: Questions 2/8/13

1605: Questions 2/3/12

1616: Questions 2/3/13

1617: Questions 2/4/1

1679: Questions 2/6/12

1700: Questions 2/6/13

1703: Questions 2/7/1

1708: Questions 2/5/1

1720: Questions 2/5/9

1731: Questions 2/5/10

1739: Questions 2/5/11

1751: Questions 2/5/12

1766: Questions 2/5/13

1770: Questions 2/4/1

1796: Questions 2/4/9

1800: Questions 2/4/10

1807: Questions 2/4/11

1812: Questions 2/4/12

1849: Questions 2/3/1

1860: Questions 2/3/9

1878: Questions 2/7/10

1931: Questions 2/7/11

1959: Questions 2/7/12

1980: Questions 2/7/13

1990: Questions 2/8/1

1991: Questions 2/8/9

1996: Questions. 2/8/10

 

 

 

Exam Instructions (Both Sections)

Download here. Review Good Writing and Talking Procedure in how you will write, cite, etc.

Q&A Review Follow Up

Terrific job on the creative projects. I want you all to have some fun with this and you clearly did. I shared several projects with the dean's office and we want to find a way to display them around the building.

As you begin to study in earnest, I share the following:

• Jesus, Finley, Veronica, Isaac, and Thalia video, for use in studying Erie.

• Today is the 41st anniversary of the introduction of New Coke, which led to the lawsuit by the Bottling Company and the demand for the formulas. Here is the legendary story of New Coke.

I will not be at school the rest of this week but am available by email until 10 p.m. Sunday.

Assignments (by number) posted by noon Friday.

The exam will post here at 9 a.m. Monday. Due outside my office by 1 p.m. Tuesday. 

 

End of Semester

We have reached the end of the course. Recall the introductory blog post from January in which I linked three parody videos. I said ,"I promise that you will understand all three songs by the end of the course."

And so I expect you will, along with a bonus video:

Final Class (Updated)

Friday audio--Section B, Section A.

One last point on mandatory disclosure and third-party funding: The Civil Rules Subcommittee voted last week not to proceed with a proposed rule that would have added third-party funding agreements to the list of things to be disclosed under FRCP 26(a). Committee members pointed to privacy concerns with such a rule, although it is unclear whether that was a policy concern or a § 2072(b) concern. Also, following on something that came up in one section: It is not clear that a funding agreement would be discoverable under 26(b)(1) if not subject to mandatory disclosure--not clear why the source of one side's litigation funding would be relevant to any party's claim or defense.

Essays ## 8, 9, and 10 due outside my office at the assigned time Monday. I will lay out folders early Monday morning; please place it in the right class and right folder. I will attempt to have them graded by the end of the week but I do not know if I can, I will post sample answers on Monday for help with studying the subjects.

I will be in my office Monday through Thursday next week to answer questions. I also am available by email. If an email question is of general interest, I will anonymize it and post it to the blog. So it may help to check the blog periodically during the week. I will answer questions by email until 10 p.m. on Sunday evening.

• Q&A Review Sessions on Thursday, April 23 (the Thursday before the exam). Section B at 10 a.m. and Section A at 1 p.m. Both in RDB 2008. Everyone is welcome to attend both sessions.

• Creative projects will be displayed and/or presented at each Section's session. Visual displays will be put up around the room. Audio/Video works will be played on-screen (please send me links or files a couple days prior). Live performances will be performed (reading poems, performing songs, whatever). This will take about the first 30 minutes of the session, followed by Q&A. Please keep recordings and live performances to 3-4 minutes.

• The Q&A is just that--your chance to ask questions. I have no prepared comments. You can stay for as much or as little of the session as you want. You may use computers. I will record it. We will stay for as much or as little time as you all have questions.

 • The exam will post at 9 a.m., Monday, April 27. It is due in hard copy at my office by 1 p.m. Tuesday, April 28.

• Everyone will answer 3 questions--two 1000-word essays and one short-answer (less than 40 words). I will assign questions (by Blind ID) by next Friday.

Thank you for an excellent semester. 

 

Don't be this lawyer, Ep. 1776

In so many ways--AI, controlling your client, representing your kid's girlfriend's mother for free. Here is the district court order.

Note the apparent surprise about the severity of the sanctions against the attorney (much more money than other courts have imposed) and the sanction (dismissal) against the client. Courts are reluctant to bring the hammer down with severe sanctions. FRCP 11(c)(4) says the sanction "must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated." Sanctions are not intended either to compensate the injured party or the punish the offending party. But the combination of an increase in "performative litigation" and the prevalence of AI may push courts to be harsher--whatever they are currently doing is not deterring.

For Final Class (sniff!!)

Thursday audio--Section B, Section A. Essays ## 8, 9 and 10 due at 11 a.m. (Section B) and 3 p.m. (Section A) Monday outside my office.

Read Berk, then review and re-prep the remaining Puzzles. Consider:

    • Return to # 1: Is there an argument that FRCP 26(a) does not answer the question? Is that the right reading under Berk?

    • How can/should a court interpret a rule? What are the competing approaches, as suggested on p.4 of the Berk majority and FN 1 of the concurrence? 

    • Puzzle # 8: What are the arguments as to whether federal or state law applies? What is the connection between any applicable Act of Congress and the balancing test courts perform? How does that affect your § 1652 analysis?

For Thursday, April 16

Wednesday audio--Section B, Section A. Essays ## 8, 9, and 10 due in my office next Monday.

Read Berk v. Choy if you have not already done so; it can help fill some of the language. It should be helpful in answering Puzzle # 4. Please note that the entire Court in Berk agreed that an FRCP answered the question--the majority said FRCP 8 and 12(d) while Justice Jackson said FRCP 3 and 12(d). But that means the case did not offer any guidance for a relatively unguided Erie choice.

We will spend the final two classes on the remaining Erie Puzzles. Please download and use this revised version; I removed one puzzle and added a new # 8.

Once more, the framework (please work this into your notes if you want it for class-I would rather people not take out their phones or computers).