Sunday, January 17, 2021

Macaques understand economics

A new study suggests macaques understand basic economics. Perhaps Naruto should have copyrights, because he understands the value of his photographs. And check out this feed of animals interrupting wildlife photographers. Maybe they all are trying to make some money taking pictures.

Friday, January 15, 2021

Panel Assignments (Updated)

After the jump are updated panel assignments for the semester. Everyone  should be on the list two times.

Most panels have nine (9), a few have ten (10). Weeks and groups were assigned at random. Please note that this does not correspond to the subject of the essay you will write during the semester.

For Thursday

Friday video--transcript, no transcript. By next week I will have a roster by blind id #; I then will post a list of assigned essays. The second panel will be on. Also, the tab marked "Grading Information" on the side of the blog links to a document that includes information on the creative projects.

We continue with Introduction to Pleading. Please note, although we did not mention, one more example of a "written instrument" for FRCP 10(c) would be a copy of the defamatory statement, if in print (e.g., a copy of the letter that Metta wrote to the newspaper about Godin).

    • What does the complaint include in those numbered paragraphs? Arguments? True facts? Evidence?

    • What is the purpose of the complaint--what does the plaintiff want to do, what does the judicial system need the complaint to do? Who are you talking to when you write this? How do our complaints illustrate those purposes?

    • Review the four Complaints; break them down to see how they conform to the basic structural requirements in FRCP 8 and 10.

 We then move to Joinder of Claims and Parties. For Wednesday, review FRCP 8(a), (d), and (e); 18; 20; and 21 and pp. 241-45 and 295-98 in Glannon.

    • Compare the scope of FRCP 18(a) and 20(a)--how are they different and why?

    • Why allow for broad joinder of claims and parties? What are the benefits and drawbacks to that? 

    • What work does Rule 18 and 20 do in the structure and organization of our four complaints?

    • Are the claims and parties in our cases properly joined under the rules? Why?

    • Consider two additional possible claims in Morgan:

        • A month prior to the accident, Krista Millea bought a microwave from WalMart, which was defective and caught fire. She wants to sue WalMart on a products liability claim. Can she include it in the Morgan action? Does your answer change depending on whether she also has that loss of consortium claim?

        • Two months after this car accident, Jone was involved in a car accident with a different driver of a WalMart delivery truck on a different stretch of the New Jersey Turnpike. That driver had been up and driving for 30 hours. Jones wants to sue WalMart and WalMart Transport for negligence; can he include his claims in the Morgan action?

 

Thursday, January 14, 2021

Naming courts and rules

One of the things I want you to take away from this is the small-but-important details of naming courts, rules, and statutes. The grading instructions state that I don't worry about proper bluebooking or complete case citations. But I do expect proper short citation for rules and statutes when discussing them in class and when discussing them in written work.

We touched on this a bit in class today, but here goes:

Federal Courts:

• Supreme Court of the United States (can be shortened to Supreme Court, so long as it is clear from context which Supreme Court you are talking about). You also are welcome to use "SCOTUS" on later reference.

• United States Court of Appeals for the # Circuit (can be shortened on later reference to "# Circuit") (e.g., United States Court of Appeals for the Eleventh Circuit, shortened to Eleventh Circuit)

• Single-district: United States District Court for the District of [State] (can be shorted to "District of [State]") (e.g., United States District Court for the District of Oregon, shortened to District of Oregon)

• Multi-district: United States District Court for the [direction] District of [State] (e.g., United States District Court for the Southern District of Florida, later shortened to Southern District of Florida)

State Courts (Florida)

• Supreme Court of Florida

• # District Court of Appeal (e.g, 3d District Court of Appeal or 3d DCA)

Statutes: The relevant statutes for this class are from 28 U.S.C. § ___. For purposes, you can refer to "§ ___."

• Follow the proper structure for citing statutes:  § #(l.c.)(#)(U.C.)(romantte). For example, § 1332(a)(3)(B)(ii).

• When citing a statute, you must cite to the smallest and most specific piece of the statute. If the language you are discussing is from § 1332(a)(3)(B)(ii), don't just cite § 1332 or even § 1332(a). Get specific to the language you are using.

Rules: For our purposes, it is enough to say FRCP ___, although the proper form is Fed. R. Civ. P. ___

• Same naming convention: FRCP #(l.c.)(#)(U.C.)(romantte): FRCP 26(b)(2)(C)(i)

• Again, get specific to the language and specific sub-section you are discussing.

Cases: You know how to cite cases, so I won't go into it. Know that for purposes of your assignments, the single-name case name will be enough (e.g., Morgan)


For Friday

I am still waiting on Thursday's video; there seems to be a several-hour drag for Zoom. I will post it as soon as I receive it. Meanwhile, I wanted to make sure you had the assignments for tomorrow.

Remember that we will spend a few minutes on Friday answering questions about assignments, the syllabus, etc.

We continue with Introduction to Civil Procedure. What is the process for creating the FRCP under the Rules Enabling Act (§§ 2072-2074), as described in the 2015 Year-End Report? What other sources of federal rules are there besides the FRCP? What does it mean to say the FRCP is "trans-substantive?"

We then turn to Introduction to Pleading. Compare the assigned rules with our four pleadings; in addition to the rules mentioned, look at FRCP 3.

    • Note how the structure of these pleadings matches the rules.

    • What is a "claim" or "claim for relief?" How many claims are there in each of our pleadings and what are they?

    • What is the purpose or function of the complaint? Who is the plaintiff talking to? How should we understand the facts presented in the complaint--are they true? Are they findings? Are they evidence?

Then move to Joinder of Claims and Parties. Just for tomorrow, look at FRCP 18(a) and 20(a). Why is FRCP 18(a) so broad--what is the policy behind that? What work is each rule doing for the claims and parties in our four cases?

Wednesday, January 13, 2021

A Tribute to Civil Procedure

After the jump. A student at another law school did this many years ago. But it gives a great overview of the course. You will not understand most of this now. I promise you will in April.

Wednesday, December 30, 2020

Course Materials and Week One Assignments

Please download and read the Syllabus  (or from right) for complete details about the course, assignments, pedagogical approach, grading methods, and course rules. Review it prior to the first class. You should bring the Syllabus with you to every class. Please review the Grading Information (or from right) for complete details about grading and graded assignments for the course. I will answer questions about these prior to the second class, on Friday, January 15. 

Technology and Class Conduct: 

  • We will begin the class entirely remote, via Zoom. The course # is 695 919 5502; there is a waiting room assigned.
  • The class is officially listed Hi-Flex, meaning a few classes are expected to be in-person. We will see where things stand later in the semester.

Required Course Materials:
 

1) Linda S. Mullenix, Leading Cases In Civil Procedure (West 3d ed. 2016)

2) Joseph Glannon, The Glannon Guide to Civil Procedure (Wolters-Kluwer 4th ed. 2018)

3) Federal Rules Of Civil Procedure (2020 ed.) (Compiled by Kevin M. Clermont)

   Note: Yes, you must use the most recent version of the rules

4) Civil Procedure Blog: http://fiucivpro.blogspot.com (indicated in syllabus)



Assignments for First Day of Class (after the Jump)


Welcome to Civil Procedure

Welcome to Civil Procedure. There are several posts that you must read and follow prior to our first class meeting on Thursday, January 14.

 This course is listed as a “Hi-Flex” course, meaning it can combine in-person and remote instruction, with a minimum of 20 % of classes in-person. We will begin the course entirely remotely; hopefully conditions and vaccination will reach a point during the second half of the semester that some classes can be moved in-person. Per university regulations, students retain the option of remaining remote even for in-person classes.
 
The first class, on Thursday, January 14, will be via Zoom.The Zoom ID for the class is 695 919 5502; a waiting room will be set up. 

Review and familiarize yourself with the structure of the federal judiciary and the map of the federal judiciary (or at right). This map shows the structure of the three federal districts in Florida. This site provides an overview of the Florida judicial system of one Supreme Court of Florida, 5 District Courts of Appeal, 20 Circuit Courts (for larger trial matters), and 67 County (Courts (one for each county, for smaller trial matters).

You must register to be part of the course blog. To read, go to http://fiucivpro.blogspot.com; posts can be read going down from most recent to least recent. To post to the blog, go to www.blogger.com; you can log-in with a username and password. For complete information on the purposes and uses of the blog, read the Syllabus.

To be able to post, you must register as an author and a reader. To register as an author, please send an e-mail to me (howard.wasserman@fiu.edu). In the subject line, type “Civ Pro Blog Registration;” in the body of the e-mail, please type your name and your e-mail address. You then will receive an e-mail “Invitation” inviting you to join as an author on the blog. You must follow the steps outlined in the invitation e-mail to register (under your full name, no handles or usernames) as an author. Please register under your full (first and last) name. Please do this at the beginning of the semester, as soon as you receive the invitation.

Once you have registered, take a few minutes to explore how to write a post. Note that you can put up photographs and video. You also can put web links in the text by highlighting the text you want to use for the hyperlink and clicking the "Link" button.