Here is what you need to know for the first class on Wednesday, January 8. The assignments for the first 1 1/2 classes are posted after the jump. The Syllabus and Semester Assessments are in a separate post. I will answer questions about the syllabus at the beginning of the second class on Thursday, January 9.
Required Materials:
Please note that you must have the print version for all materials.
1) Linda S. Mullenix, Leading Cases In Civil Procedure (West 4th ed. 2022)
2) Joseph Glannon, The Glannon Guide to Civil Procedure (Wolters-Kluwer 5th ed. 2023)
3) Federal Rules Of Civil Procedure (2024 ed.) (Compiled by Kevin M. Clermont)
Note: Yes, you must
use the most recent version of the rules
4) Pleadings (available outside my office; pick up prior to first class)
5) Civil Procedure Blog: http://fiucivpro.blogspot.com
(indicated in syllabus), especially Additional Materials.
Technology and Class Conduct
Use of laptops, tablets, smart phones, and similar devices during class is prohibited, unless granted permission. Phones must be turned off when you come into the classroom.
The use of ChatGPT and other generative AI or LLM programs for written assignments is prohibited.
Plagiarism Policy
Just don't.
Locating Assignments:
We will be working with several materials from different sources and places. This is unavoidable. Please bring all assigned materials to class on the appropriate day.
Unless otherwise indicated, assigned cases are in Leading Cases in Civil Procedure; commentary, detail, elaboration, explanation, and examples are in Glannon’s Guide (“Glannon”). Rules, Statutes (from Title 28 of the United States Code), constitutional provisions, and legislative history can be found in Federal Rules of Civil Procedure, unless indicated otherwise:
• Part 2: Federal Rules of Civil Procedure (without committee notes)
• Part 3: Advisory Committee Notes from past amendments to FRCP
• Part 5: Selected provisions of the U.S. Constitution and procedural statutes from 28 U.S.C.
• Part 7: Sample Local Rules of Civil Procedure
Additional assigned cases, articles, statutes, rules, and other materials will be downloaded from the Blog, in the Supplemental Materials post.
Book and page numbers are in parentheses after each assigned case in Mullenix. Provisions are found in the relevant Part of the FRCP book. Items found on the Blog (in Supplemental Materials) are indicate
Sample Pleadings are in the bound supplement, available outside my office.
You must have your FRCP pamphlet with you and open on your desk in every class. You must have any assigned statutes, provisions, cases, or documents with you and open on your desk in every class.
Assignments for the first classes after the jump.
Introduction to Civil Procedure:
Provisions:
U.S. Const. art. III
U.S. Const. amend. V, VII XIV
Fed. R. Civ. P. 1, 58, 60, 83
28 U.S.C. §§ 1331-1332
28 U.S.C. §§ 1291, 1254
28 U.S.C. §§ 2071-2074
Sample Pleadings:
Naruto v. Slater (Complaint) (Pleadings)
Godin v. School Union # 134 (Pleadings)
Morgan v. Wal-Mart (Pleadings)
Visions of America v. Boston Symphony Orchestra (Pleadings)
Other Materials:
United States Court (Blog
Federal Courts in Florida (Blog)
Courts of Florida (Blog)
Robinson, Principles of Statutory Interpretation (Blog)
Barton, Great Judicial Stylists (Blog) (skim)
For class, consider the following:
• What is "procedure" or "procedural law" as opposed to "substance" or "substantive law?" What is the substantive law involved in the four sample pleadings (Naruto, Godin, Morgan, and Visions)?
• Parse the following definition of procedure and the connection among substance and procedure as concepts: From Sibbach v. Wilson (1941): Procedural rules regulate "the judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for disregard or infraction of them."
• If you are creating a set of procedural rules for a judicial system, what values or principles or policies do you want those rules to serve and further? How do different values or policies complement or conflict within a system of procedural rules? What is the goal of having a system of procedural rules?
• What are the possible sources of procedural rules for courts?
• The 5th and 14th Amendments guarantee "due process of law" before loss of life, liberty, or property. What should "due process" entail or guarantee?
• Review the materials (from the Supplements) showing the structure of the federal and Florida judicial systems.
• 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 beyond that?
• 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?
