CIVIL PROCEDURE SECTIONS A & G
PROFESSOR SUSANNA FREDERICK FISCHER
FALL 2002
ASSIGNMENTS
Note: The following abbreviations apply:
 "CB" refers to your casebook (Civil Procedure: Doctrine, Practice, and Context,
by Stephen N. Subrin, Martha L. Minow, Mark S. Brodin, and Thomas O. Mann)
 "Supplement" refers to your rules supplement (A Student's Guide to the Federal
Rules of Civil Procedure (5th edition) by Steven Baicker-McKee, William M.
Janssen, and John B. Corr)
 "Glannon" refers to your problem book (Civil Procedure (4th edition), by Joseph
W. Glannon)
 "FRCP" refers to the Federal Rules of Civil Procedure, which can be found in
your Supplement starting at p. 107. Please focus primarily on the text of the rules
you are assigned, and note that the Authors commentary is not part of the rules,
just explanatory material about the rules. While not required, I recommend that
you read the Authors' Commentary, because it can be very helpful in
understanding and interpreting the rules.
 Any changes to your Assignments list will be announced in class and posted on
the class webpage [click on "Civil Procedure Fall 2002"]. The URL is:
http://faculty.cua.edu/fischer/
UNIT 1: INTRODUCTION
WEEK ONE
Monday, Aug. 26, 2002: CLASS 1


Assignment: SCOPE AND PURPOSE OF THE FEDERAL RULES OF
CIVIL PROCEDURE Please read Rule 1 of the Federal Rules of Civil
Procedure plus Authors' Commentary on Rule 1 (Supplement pp. 115-120). Be
prepared to answer the following question before class: What is the scope and
purpose of the Federal Rules of Civil Procedure?
Recommended Web Page: For more information about the U.S. federal court
system, take a look at the The Federal Judiciary page.
Wednesday, Aug. 28, 2002: CLASS 2

Assignment: INTRODUCTION TO CIVIL PROCEDURE Please read CB pp.
2-10 (from A up to Law as Theater). Be prepared to answer the following

questions before class: 1. What is civil procedure, and why does it matter? 2.
What are the names of the parties to a two-sided civil action? 3. What is
jurisdiction? What is the difference between personal jurisdiction and subject
matter jurisdiction? 4. What are remedies? 5. What are the sources of the rules
governing civil procedure? 6. What are the best ways to study civil procedure?
Recommended Web Page: DePaul College of Law Academic Support Top Ten
Myths About Law School
Friday, Aug. 30, 2002: CLASS 3
 Assignment: THE STAGES AND ESSENTIAL CONCEPTS OF CIVIL
LITIGATION Please read CB pp. 187-196. Be prepared to outline the major
steps of a civil action, as well as to answer the following questions: 1. What is
cognizability? 2. What is a cause of action? 3. What are the two major grants of
federal subject matter jurisdiction? 4. What is a complaint? 5. What is joinder of
claims? Joinder of parties? 6. What is an answer? An affirmative defense? A
counterclaim? A cross-claim? A third-party claim? Impleader? 7. What is a
motion to dismiss? 8. What is discovery? What are some discovery methods? 9.
What is a judgment as a matter of law? How does the burden of production and
persuasion affect success on a motion for judgment as a matter of law? 10. What
is the burden of proof to succeed in a civil action? How does this differ from a
criminal action? 11. What is a summary judgment? How does the burden of
production and persuasion affect success on a motion for summary judgment?12.
What happens procedurally at a civil trial? 13. What is the final judgment rule for
appeals? Why have this procedural rule? 14. What is res judicata, claim
preclusion, and issue preclusion?
 Recommended Web Page: The official Supreme Court of the United States
webpage. This page has lots of interesting and useful information, such as
biographies of the current justices, information about visiting the Court and
attending oral arguments, and a calendar. I strongly recommend that all of you
take advantage of our law school's prime location in the Nation's Capitol and
arrange to visit the Court to hear an oral argument. It is an unforgettable
experience. The next term starts in October, 2002.
WEEK TWO
Monday, Sept. 2, 2002: NO CLASS - LABOR DAY
Wednesday, Sept. 4, 2002: CLASS 4
 Assignment: Reading, Briefing, and Understanding Cases Please read CB pp.
17-25. Please prepare your own written brief of United States v. Hall case and
bring a copy with you to class. If you're not sure how to brief a case, please see
CB p. 35 as well as the recommended web pages below.
 Recommended Web Pages:
 How to Brief a Case by Casenotes
 Ten Instructions for Briefing Cases by Paul Bateman, Southwestern School of
Law, Los Angeles.




Law School Materials for Success by Barbara Glesner-Fines, University of
Missouri-Kansas City School of Law
JURIST - Law Study Guides
NAACP, Jacksonville Branch v. Duval County Sch. (11/19/2001, No. 99-12049)
273 F.3d 960 (11th Cir. 2001), reh'g and reh'g en banc denied, ___ F.3d ___
(11th Cir. Feb. 2002) (declaring that the Duval County Public Schools had
achieved a unitary status, ending forty-one years of desegregation litigation. The
November 19, 2001 decision also found that the Duval County School Board met
its obligations under a 1990 consent decree to take steps to achieve racial
enrollment goals "to the maximum extent practicable.")
Jacksonville.com Desegregation page (somewhat out of date but useful for
background information on the earlier history of school desegregation litigation in
Duval County)
UNIT 2: PLEADING
Friday, Sept. 6, 2002: CLASS 5
 Assignment: Pleading I - Choosing a Cause of Action Please read CB pp. 19698-98 and 1033-39. Please write out answers to Practice Exercise No. 6 at p. 207
and bring to class.
 Recommended Web Page: The Cause of Action in Small Claims Court
WEEK THREE
Monday, Sept. 9, 2002: CLASS 6
 Assignment: Pleading II - The Complaint Please read FRCP 3, 7(a), 8(a), 8(f),
CB pp. 208-10 (Conley v. Gibson), 228-38, 1040-43. Though not required, you
may find helpful Glannon pp. 525-27, 533-50. Be prepared to answer the
following questions: 1. What is the purpose of the complaint? 2. What is notice
pleading? 3. What requirements are set out in the FRCP for pleading
complaints? 4. What is the holding of Conley v. Gibson? 5. If a complaint is
inadequately pleaded, what procedural step should the defendant take under the
FRCP? See FRCP Rule 12(b)(6)
 Recommended Web Pages:
 Fleenor v. Hewitt Soap Co., 81 F.3d 48 (6th Cir. 1996), cert. denied, 519 U.S. 863
 Legal Information Institute About Pleading
 Unedited online report of Conley v. Gibson
Wednesday, Sept. 11, 2002: CLASS 7
 Assignment: Pleading Fraud and Service of the Complaint Please read FRCP
4(a), 4(b), 4(c), 4(d), 4(e), 4(h), 4(l), and 4(m), 9(b), Glannon pp. Glannon pp.
293-97 (up to "The Relation of Service of Process to Personal Jurisdiction").
Though not required, you may find helpful Glannon pp. 550-51. Be prepared to
answer the following questions: 1. What special pleading requirements do the
FRCP contain for complains alleging fraud? 2. What is a summons? 3. What is
service? 4. What constitutes proper service under the FRCP for individual
defendants? What about for corporate defendants? 5. What is waiver of service
and what are the benefits in waiving service? 6. What is proof of service? 7. Are
there any time limits for service in the FRCP? If so, what are they?
Please write out answers to Examples 1-8, 10 at pp. 301-2. Whenever I
assign Glannon problems, you should write out the answers before
consulting the Explanations, although it is not necessary to hand in these
written answers in class. After writing out your own answers, you should
check your work by consulting the Explanations following the Examples in
each chapter. In this case, the Explanations start at p. 304.

Recommended Web page: Serve-em.com/ (Process server's web pages, which
include federal forms as well as state rules of service (although these rules may
not be reliably up-to-date)
Friday, Sept. 13, 2002: CLASS 8
 Assignment: Rule 12(b)(6) Motions to Dismiss for Failure to State a Claim;
Rule 12(e) Motions for a More Definite Statement Please read FRCP Rule
12(b)(6) and 12(e), CB pp. 210-16, notes 4-5 at pp. 223-24, 1044-45, Glannon pp.
390-92 Please write at least 1 page of discussion points on Practice Exercise No.
7 at CB p. 227 and bring to class. Please also write out answers to Glannon
Examples 1-6 at pp. 392-93.
 Recommended Web Page: MTV v. Curry reported at 867 F. Supp. 202 (S.D.N.Y.
1994)
WEEK FOUR
Monday, Sept. 16, 2002: CLASS 9
 Assignment: Other Rule 12(b) Motions to Dismiss Please read FRCP 12(b),
12(g), and 12(h), CB pp. 246-49, Glannon pp. 313-16. Though not required, you
may find helpful Glannon pp. 527-28, 591-608. Be prepared to answer the
following questions: 1. What are the permitted motions to dismiss in Rule 12(b)?
2. When must these motions be made? 3. How can the 12(b) defenses be waived?
Please write out answers to Glannon Examples 1-8, 13 at pp. 316-17, 1-6 at pp.
392-93.
 Recommended Web Page: Professor Smith's Civil Procedure Tutorial: Pleading
Wednesday, Sept. 18, 2002: CLASS 10
Assignment: The Answer Please read FRCP 8(b), 8(c), re-read 12(b), CB pp. 24956 (up to Gomez), 1047-50. Though not required, you may find helpful Glannon pp.
563-78. Be prepared to answer the following questions: 1. What is an answer? What
is the purpose of an answer? 2. When must an answer be served? When must it be
filed? 3. What are the pleading requirements for answers in the FRCP? 4. What is an
affirmative defense and what are the pleading requirements for affirmative defenses?
5. What is a counterclaim? A cross-claim?
Please write out answers to Practice Exercise No. 9 at CB pp. 259-60 and bring to
class. To do 9(e), you will need to access the Appendix of Forms to the Federal Rules
of Civil Procedure (scroll down to Appendix of Forms to access these).
Friday, Sept. 20, 2002: CLASS 11
 Assignment: Amendments Please read FRCP 15, CB pp. 260-71, 1051, 1052-58
Be prepared to answer the following questions: 1. When can a pleading be
automatically amended? 2. When do you need leave of the court to amend? On
what basis will leave be granted? 3. What is relation back and when will an
amendment relate back under the FRCP?
Please prepare to argue the motion in Practice Exercise 10 at CB p. 271-74 at an
in-class hearing. Note the rules for which party you should represent are in the
Practice Exercise and depend on your surname.
Please also write out answers to Glannon Examples 10 at p. 317, 12 at p.
318, and 6 at p. 393.
WEEK FIVE
Monday, Sept. 23, 2002: CLASS 12
 Assignment: Sanctions Please read FRCP 11, CB 296-301, 306-310, 1130-41. .
Though not required, you may find helpful Glannon pp. 549-50, 605. Be prepared
to answer the following questions: 1. What affirmative duties does Rule 11 impose
for attorneys for their pleadings? 2. When can an attorney or law firm be
sanctioned under Rule 11? What kinds of sanctions can be imposed? 3. Who can
apply for sanctions and in what circumstances? 4. Is Rule 11 adequate to deter
attorney misconduct? Why or why not?

Please write out and bring to class discussion points for Practice Exercise No. 11
at 314-15.
Recommended Web Page: For a review of the Pleading Unit, please see
Professor Smith's Civil Procedure Tutorial: Pleading
UNIT 3: JOINDER
Wednesday, Sept. 25, 2002: CLASS 13
 Assignment: Joinder of Claims and Parties Please read FRCP 18-21, CB pp.
315-23, skim 946-51, Glannon pp. 231-36. Be prepared to answer the following
questions: 1. When can a plaintiff join more than one claim in a single action? 2.
When can a plaintiff sue more than one defendant in a single action? 3. When
must a plaintiff sue more than one defendant in a single action? 4. When can a
court order separate trials of different defendants or sever claims? Please write
out answers to Glannon Examples 1, 3-6, 14-15 at pp. 233-38.

Recommended Web Page: Professor Smith's Civil Procedure Tutorial: Joinder of
Parties and Claims
Friday, Sept. 27, 2002: CLASS 14

Assignment: Counterclaims and Cross-Claims Please read FRCP 13, CB 32328, 1061-63. Be prepared to answer the following questions: 1. What is the
difference between a counterclaim and a cross-claim? 2. What is the difference
between a compulsory counterclaim and a permissive counterclaim? 3. What
limits exist for bringing counterclaims and cross-claims under the FRCP?
Please write out answers to Practice Exercise No. 12 at 328 and bring to class.
Please write out answers to Glannon Examples 2, 7-13 at pp. 234-38, 9 at p. 317.
WEEK SIX
Monday, Sept. 30, 2002: CLASS 15
Assignment: Third Party Practice Please read FRCP 14, CB pp. 328-33, 106163, 1068-70, Glannon pp. 247-51. Though not required, you may find helpful
Glannon pp.579-90. Be prepared to answer the following questions: 1. What is
impleader? 2. What limitations exist on defendant's right to implead? 3. What is
a claim for contribution? A claim for indemnity?
Please write out answers to Practice Exercise No. 13 at CB pp. 333-34 and bring
to class. Please also write out answers to Glannon Examples 1-12, 14-15 at pp.
251-53.
UNIT 4: DISCOVERY
Wednesday, Oct. 2, 2002: CLASS 16
 Assignment: Scope of Discovery Please read FRCP 26(b), CB pp. 338-48
[beware, some of this is a little out of date], Glannon pp. 337-33. Be prepared to
answer the following questions: 1. What is the basic scope of discovery under the
FRCP? How have the FRCP recently been changed in this regard? 3. What limits
exist on discovery? 4. What is privilege? 5 What is wok product privilege? To
what extent do the FRCP limit discovery on the basis of work product privilege?
6. What is attorney-client privilege?



Please write out answers to Glannon Examples 1, 2-15 at pp. 331-337.
Recommended Web Pages:
Larry Johnson, New Amendments to Rule 26 Dictate Use of Electronic Discovery
Technology
Gregory P. Joseph, The 2000 Amendments to the Federal Rules of Civil
Procedure & Evidence: A Preliminary Analysis
Friday, Oct. 4, 2002: CLASS 17
 Assignment: Discovery Techniques I - Informal Discovery, Automatic
Disclosures, Depositions, Interrogatories Please read FRCP 26-33, CB pp. 34852, Glannon pp. 351-52, 355-57, 359-360. Be prepared to answer the following
questions: 1. Why use informal discovery? 2. What mandatory disclosures must
parties make under the FRCP? 3. When must the parties make their mandatory
disclosures? 4. What is a deposition? What are the advantages and
disadvantages of depositions as compared to interrogatories? 5. What timing and
other limitations exist for taking depositions under the Federal Rules? 6. What
are interrogatories? What limits exist for interrogatories under the FRCP? Can
they be validly requested from non-parties?
Please write out answers to Glannon Examples 1-7, 11-17 at pp. 361-64.

Recommended Web Page: Gregory P. Joseph, The 2000 Amendments to the
Federal Rules of Civil Procedure & Evidence: A Preliminary Analysis
WEEK SEVEN
Monday, Oct. 7, 2002: CLASS 18
 Assignment: Discovery Techniques II - Document Requests, Physical/Mental
Examinations, Requests for Admission Please read FRCP 34-36, CB pp. 35256, Glannon pp. 353-54, 358-359. Be prepared to answer the following questions:
1. What does Rule 34 require for the production of documents and other specified
materials? 2. When, if at all, may a party obtain a medical or physical
examination of a party or witness? 3. What is a request for admission and what is
its purpose?
Please write out answers to Glannon Examples 8-10 at pp. 362-363.
Wednesday, Oct. 9, 2002: CLASS 19
 Assignment: Discovery Sanctions Please read FRCP 26, 37, Glannon pp. 36061. Be prepared to answer the following question: What sanctions are available
for incomplete, inadequate, or late compliance with the discovery provisions of
the FRCP that we have studied?
Please write out answers to Practice Exercise 14 at CB pp. 356-58 and bring to
class.
UNIT 5: THE RIGHT TO JURY TRIAL AND JURY SELECTION
Friday, Oct. 11, 2002: CLASS 20

Assignment: Right to Trial By Jury in Civil Cases Please read United States
Constitution Amendment VII [handout, available online at: Findlaw: Seventh
Amendment Text and Annotations], FRCP Rules 38-39, CB pp. 119-20, 278-80,
434-47. Though not required, you may find useful CB pp. 274-96. Be prepared to
answer the following questions: 1. To what extent does the Constitution and
FRCP provide for a right to trial by jury in civil actions? How does this differ
from criminal cases (see Sixth Amendment to U.S. Constitution) 2. Does any right
to trial by jury extend to both plaintiffs and defendants? 3. Can any right to trial
by jury be waived? 4. Please answer questions at CB pp. 445-447.
Please write out discussion points for Practice Exercises Nos. 17 and 18 at CB p.
447. Bring your notes to class.
WEEK EIGHT
Monday, Oct. 14, 2002: NO CLASS - COLUMBUS DAY
Tuesday, Oct. 15, 2002: CLASS 21

Assignment: Jury Selection: Please read CB pp. 448-50, 452-70 Please
answer questions at CB p. 469-70.

Recommended Web Page: Professor Smith's Civil Procedure Tutorial:
Trials
UNIT 6: VERDICTS/JUDGMENTS AND BYPASSING THE TRIER OF
FACT
Wednesday, Oct. 16, 2002: CLASS 22
 Assignment: Summary Judgment Please read FRCP 56, CB pp. 470-500,
Glannon pp. 393-96. Though not required, you may find helpful Glannon pp.
609-630. Be prepared to answer the following questions: 1. Why is a procedure
for summary judgment included in the FRCP? 2. What is the standard for
summary judgment? 3. What are the duties of the moving party, the non-moving
party, and the judge on a motion for summary judgment? 4. What happens if the
moving party succeeds on a motion for summary judgment? 5. Are Addickes and
Celotex consistent? Why or why not?
Please write out answers to Glannon Examples 7-15 at 395-96.

Recommended Web Page: Washingtonpost.com: Jones v. Clinton Special
Report [click on "Legal Documents" to access, inter alia, opinion of Judge Susan
Webber Wright granting summary judgment and dismissing the Jones' lawsuit.
Jones filed an appeal, but the parties settled before it was heard.]
Friday, Oct. 18, 2002: CLASS 23
 Assignment: Motion for Dismissal and Directed Verdict (Judgment as a
Matter of Law) Please read FRCP 41, 50(a), CB pp. 502-507 (up to 4), Glannon
pp. 415-17, Pennsylvania R.R. Co. v. Chamberlain, 288 U.S. 333 (1933) (A hard
copy is in the class mailbox, but you can also download a copy from: online
version of Pennsylvania R.R. Co. v. Chamberlain, courtesy of Findlaw Please
write out answers to Glannon Examples 1-14 at pp. 413-19.
WEEK NINE
Monday, Oct. 21, 2002: CLASS 24
 Assignment: Trial, Verdicts and Appeals Skim FRCP 39, 40, 42, 43, 48, CB
1181-90. Read carefully FRCP 49, CB pp. 194-95, 535-56, 540 (Comment 2)-545
(Comment 8), 547-53 (skip Practice Exercise No. 24). Be prepared to answer the
following questions: 1. Describe the usual procedure at trial. 2. What are jury
instructions, and how are they prepared? 3. What is the difference between a
general verdict and a special verdict? 4. In general, what types of judgments are
appealable and where can a judgment rendered by a federal district court be
appealed? 5. Do bifurcation and/or trifurcation distort the trial process too much
in favor of defendants? 6. What is remittitur and additur? Are either or both
constitutional? 7. How would you prepare a good closing argument in the City of
Cleveland case?



Please write out discussion points for Practice Exercise No. 23 at CB pp. 551 and
bring your notes to class.
Recommended Web Pages:
Federal Civil Trials Database (data from 3.7 million civil federal district court
trials gathered by the Administrative Office of the United States Courts,
assembled by the Federal Judicial Center, and disseminated by the Interuniversity Consortium for Political and Social Research)
COURTTV.COM- TRIALS [mostly criminal, but a few civil]
Wednesday, Oct. 23, 2002: CLASS 25
 Assignment: Post-trial Motions (J.n.o.v., New Trial Motions, Motions to
Vacate Judgment): Please read FRCP 50(b), 59, 60, CB pp. 507-512, 530-535,
Glannon pp. 429-437. Please be prepared to answer the following questions: 1.
What is a j.n.o.v., and how does it differ from a directed verdict? From a
judgment for a new trial 2. What prerequisites do the FRCP require for a
j.n.o.v.? For the grant of a new trial? For an order to vacate judgment?
Please write out answers to Glannon Examples 1-12 at pp. 437-40. Please do
Practice Exercise No. 20 at CB p. 530.
UNIT 7: JURISDICTION AND VENUE
Friday, Oct. 25, 2002: CLASS 26
 Assignment: Subject Matter Jurisdiction I - Federal Question Jurisdiction
Please read 28 U.S.C. § 1331 (in Supplement), CB pp. 795-801, Glannon pp. 5563, Review FRCP 12(b)(1), 12(g), and (h). Be prepared to answer the following
questions: 1. What is subject matter jurisdiction? 2.What constitutional and
statutory limitations exist for federal subject matter jurisdiction? 3. What is
federal question jurisdiction and when will this exist? 4. What is the well-pleaded
complaint rule? 5. Answer questions at CB pp. 799-801 6. What must a federal
court do if it determines that it does not have subject matter jurisdiction?
Please write out answers to Glannon Examples 1 p. 63, 2 -4, 6-9, 16 at pp. 70-74.
WEEK TEN
Monday, Oct. 28, 2002: CLASS 27
 Assignment: Subject Matter Jurisdiction II - Diversity Jurisdiction
Please read 28 U.S.C. § 1332, CB pp. 802-804, handout (Gordon v.
Steele), Glannon pp. 83-87, 89-91. Be prepared to answer the following
questions: 1. What is diversity jurisdiction? Should it be abolished? Why
or why not? 2. How is citizenship determined for the purposes of diversity
jurisdiction? 3. What is the amount in controversy requirement? When can
a claim be dismissed for failing this requirement? 4. What happens if a
plaintiff ultimately recovers less than the amount in controversy
requirement?
Please write out answers to Glannon Examples 1-11 at pp. 87-89, and 1213 at pp. 91-92.
Wednesday, Oct. 30, 2002: CLASS 28

Assignment: Supplemental Jurisdiction Please read 28 U.S.C. § 1367 (in
Supplement), CB 804-810, Glannon pp. 259-70. Be prepared to answer the
following questions: 1. To what extent is there a conflict between federal subject
matter jurisdiction and the federal joinder rules, and how does the rules
governing supplemental jurisdiction attempt to resolve any such conflict? 2.
What is the constitutional and statutory basis for supplemental jurisdiction? 3.
What are the limits on supplemental jurisdiction in federal court?
Please prepare to argue in class the motion in Practice Exercise 31 at CB pp.
829. Please also write out answers to Glannon Examples 1-11 at pp. 270-72, 1-12
at pp. 283-84.
Friday, Nov. 1, 2002: CLASS 29
 Assignment: Removal Please read CB pp. 829-833, Glannon pp. 113-118, 11920. Be prepared to answer the following questions: 1. What is removal and is it
consistent with the general rule that the plaintiff is master of his claim? 2. What is
the policy justification for removal? 3. What limitations are imposed by the FRCP
on removal? 4. Describe the procedure for removal under the FRCP.
Please write out answers to Glannon Examples 1-13 at pp. 118-19, 14-20 at pp.
120-121.
WEEK ELEVEN
Monday, Nov. 4, 2002: CLASS 30
 Assignment: Personal Jurisdiction I - Minimum Contacts - International
Shoe Please read CB pp. 661-673, FRCP Rule 4(k), Glannon pp. 3-8. Be prepared
to answer the questions at CB pp. 667-68.
Wednesday, Nov. 6. 2002: CLASS 31

Assignment: Personal Jurisdiction II - Minimum Contacts - World-Wide
Volkswagen Please read CB pp. 676-687. Be prepared to answer the questions
at CB pp. 687-690. Please write out answers to Glannon Examples 1-3 at p.11.
Friday, Nov. 8, 2002: CLASS 32
 Assignment: Personal Jurisdiction III - Minimum Contacts - Calder and
Asahi Please read CB pp. 690-706. Be prepared to answer the questions at CB
pp. 693-95 and 704-706. Please write out Practice Exercise 27 at CB p. 707 and
bring to class.
WEEK TWELVE
Monday, Nov. 11, 2002: CLASS 33
 Assignment: Personal Jurisdiction IV - Minimum Contacts - Burger King
Please read CB pp. 709-723, Glannon pp. 8-11. Be prepared to answer the
questions at CB pp. 722-23. Please write out answers to Glannon Examples. 4-14
at pp. 1-14. Please write out memorandum for Practice Exercise 28 at CB pp.
723-24 and bring to class.
Wednesday, Nov. 13, 2002: CLASS 34
 Assignment: Personal Jurisdiction V: In Rem Jurisdiction - Shaeffer v.
Heitner Please read CB pp. 724-740. Be prepared to answer the questions at CB
pp. 739-40.
Friday, Nov. 15, 2002: CLASS 35
 Assignment: Personal Jurisdiction VI: Service - Burnham - and General
Jurisdiction - Helicopteros Please read CB pp. 741-67. Be prepared to answer
the questions at CB pp. 755-57 and 766-67.
WEEK THIRTEEN
Monday, Nov. 18, 2002: CLASS 36
 Assignment: Personal Jurisdiction VII: Consent - Carnival Cruise Lines and
Personal Jurisdiction in the Digital Age Please read CB pp. 758-773. Be
prepared to answer the questions at CB pp. 772-73. Please write out discussion
points for Practice Exercise No. 29 at CB pp. 773-74 and bring to class.
Wednesday, Nov. 20, 2002: CLASS 37
 Assignment: Personal Jurisdiction VIII: Notice - Mullane and Collateral
Attack Please read CB pp. 774-83, Glannon pp. 41-45 Be prepared to answer
questions 2-5 at CB pp. 782-83. Please write out answers to Glannon Examples
1-9 at pp. 47-49.
Friday, Nov. 22, 2002: CLASS 38
 Assignment: Venue Please read 29 U.S.C. section 1391, CB pp. 783-84, Glannon
pp. 129-35. Be prepared to answer the following questions: 1. What is venue and
how does it differ from subject matter jurisdiction and personal jurisdiction?
What is the purpose of venue? 2. What does the federal venue statute provide for
diversity cases? For federal question cases? 3. Can venue be waived? 4. What
should a defendant do if venue does not lie?
Please write out answers to Glannon Examples 1-6 at p. 135-37, 7-11 at pp. 13940.
WEEK FOURTEEN
UNIT 8: PRECLUSION
Monday, Nov. 25, 2002: CLASS 39
 Assignment: Claim Preclusion Please read CB pp. 883-889 (up to Car Carriers
case), 899-910 (including notes after Gonzalez case), review FRCP 8(c), Glannon
pp. 451-56, 471-73. Be prepared to answer the following questions: 1. What is res
judicata? 2. What is claim preclusion? 3. What is the purpose of claim
preclusion? 4. What are the requirements for claim preclusion in federal courts?
Please write out Glannon Examples 1-19 at p. 456-60. Though not required, you
may find helpful Glannon pp. 474-83 and Glannon Example 10 at p. 49.

Recommended Web Page Professor Smith's Civil Procedure Tutorial: Res
Judicata
Wednesday, Nov. 27, 2002: CLASS 40

Assignment: Issue Preclusion Please read CB pp. 910-25, Glannon pp.
485-90, 503-10. Be prepared to answer the following questions: 1. What is
issue preclusion? How does it differ from claim preclusion? 2. What is
collateral estoppel? 3. What are the requirements for issue preclusion? 4.
To what extent does the mutuality rule apply in federal courts? In state
courts? 5. What is the difference between offensive and defensive
nonmutual estoppel and why does it matter?
Please write out answers to Practice Exercise 33 at CB pp. 941-42 and
bring to class. Please also write out answers to Glannon Examples 1-9 at
pp. 490-501, 1-8 at 504-512.

Recommended Web Page Professor Smith's Civil Procedure Tutorial: Res
Judicata (also includes issue preclusion)
Friday, Nov. 29, 2002: NO CLASS - THANKSGIVING HOLIDAY
WEEK FIFTEEN
UNIT 9: WRAPPING THINGS UP: FORUM NON CONVENIENS, ERIE
DOCTRINE, AND REVIEW
Monday, Dec. 2, 2002: CLASS 41:

Assignment: Forum Non Conveniens Please read CB pp. 784-94, 28 U.S.C. §§
1404, 1406 (in Supplement at pp. 967-78). Be prepared to answer the following
questions: 1. What is forum non conveniens and what is its purpose? 2. What is
the difference between forum non conveniens and a change of venue under
§1404? Between forum non conveniens and a transfer under under §1406?
Wednesday, Dec. 4, 2002: CLASS 42:
 Assigment: Erie Doctrine Please read CB pp. 837-46, Glannon pp. 162-171. Be
prepared to answer the following questions: 1. What is the Erie doctrine? 2. Why
is it easy to apply in most cases? 3. How does a judge decide what the state law to
apply is?
Please write out answers to Glannon Examples 1-10 at 171-176.
Friday, Dec. 6, 2002: CLASS 43
 Assignment: Review Class Please write out review exercise at CB pp. 833-36
and bring to class.