Wednesday audio--Section A, Section B. Seating chart and Syllabus/Assessment questions tomorrow.
Review the materials from Introduction to Civil Procedure. Plus, look at FRCP 2 and 3.
• Review the materials (from the Blog) showing the structure of the federal and Florida judicial systems. In addition, look at § 1257 (also on p. 512 in rules pamphlet) and this chart on the basic structure of the federal judiciary (look in conjunction with the map you already have).
• Who can create rules of procedure for a court--what are the 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?
•
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?
• Courts in the United States operates as an "adversary system"--what does that mean? What is the theory behind 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?
• 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?
