For return from break

Friday audio--Section A, Section B.

Some scheduling stuff for our return:

    • Essays ## 4 and 5 will be posted on Thursday, March 6 and due outside my office by classtime on Thursday, March 13.

    • Prelim Exam will be posted at Noon on Thursday, March 13 and due on Thursday, March 20. It will be 5-10 multiple-choice questions.

    • Section A class on Friday, March 7 will be in the Large Courtroom for Admitted Students Day. You should be beyond prepared.

    • No class on Thursday, March 13. Make-up schedule for that TBD.

    • Classes on Friday, March 14 will meet an hour late: Section B (Noon-1:10); Section A (2-3:10).

We continue with (and finish) Amendments and Relation Back.

    • What knowledge or notice must the new party have under FRCP 15(c)(1)(C)? What is imputed or constructive (as opposed to actual) 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 does a claim against a Doe defendant not relate back? What is the argument that Krupski allows Doe relation back?

This will complete our discussion of pleading

Then move to Managerial Judging, focused on FRCP 16 and the NFLPA order.

    • 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 Wednesday, prep FRCP 26(a) and (f); 30(a), (c), and (d); and 34.

    • How does discovery square with the adversary system? How does adverseness work into discovery?

    • Why would a party object in a deposition? How can a party protect its interests while responding to a Rule 34 document request?

    • What is the connection between discovery and notice pleading?

    • What is the connection between discovery and notice pleading?

    • What is disclosure and what is the standard for disclosure? How is that different than the ordinary standard for what is discoverable? Why a different standard for disclosure?