Friday audio--Section A, Section B. Essay # 6 posted; Essay # 7 will post next Friday.
We will finish Summary Judgment on Wednesday; review the remaining provisions of FRCP 56, along with the 7th Amendment. Look at the problems on pp. 408, 409, and 417 in Glannon.
• When can a party that will have the burden of persuasion/initial burden of production at trial (e.g., plaintiff on her claim) get summary judgment and what must that plaintiff do in support of the motion for summary judgment?
• Consider the Black Non-Attorney who was denied a job as a lawyer because he is Black and because he is not an attorney. Under the substantive law of "mixed-motive cases," the plaintiff must show that race played a role in the decision, then the burden of production shifts to the defendant to show it would have made the same decision regardless of race. The plaintiff has the burden of persuasion.
• How could each party move for summary judgment in this case? What are the two material facts the parties will fight over? What would each party need to do to support its motion on each issue?
• What happens if both parties believe they are entitled to judgment as a matter of law?
• What happens if a plaintiff gets partial summary judgment? What happens if a defendant gets partial summary judgment?
We then move to Subject Matter Jurisdiction. Prep Overview, in addition to FRCP 8(a)(1), 12(b)(1), 12(h)(3), and § 1332(a).
• When does each party consider whether the case is in the correct forum?
•
How does each party (the plaintiff filing in federal court and the
defendant sued in federal court) present issues about subject matter
jurisdiction to the Court?
• What is the constitutional structure of the federal judiciary? What does Article III tell us about the jurisdiction of the federal courts? What doesn't it tell us about the jurisdiction of the federal courts? What is the connection between Article III and the various statutes, such as § 1331 and § 1332? (Note: We discussed Art. III § 1 and the basic court structure at the beginning of the semester--review those notes).
