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Fall 2014
5406 Procedure - HOFFMANL- 12430

Professor(s): Lonny Hoffman (FACULTY)

Credits: 4

Course Areas: 1st Year - Section A 

Time: 1:00p-2:30p  TWTHLocation: 144  BLB

Course Outline: This course provides an introduction to the civil adjudicative process, primarily that of the federal courts, including jurisdiction, pleading, dispositive motions, discovery, and trial procedure.

Course Syllabus: Syllabus

Course Notes:   You do not have to buy a casebook for this class. Instead, I’ve prepared course materials for you (listed as “CM” in the syllabus below). These materials, saved in searchable .pdf format, are available for you to download from my UH webpage, http://www.law.uh.edu/faculty/lhoffman/civilprocedure.asp. The materials are broken down into seven separate files, corresponding to the seven main sections of the syllabus.

You also will need access to the procedural rules and statutes that govern federal civil cases. One option is to buy the rulebook that I’ve reserved in the UH bookstore: West Publishing: FEDERAL RULES OF CIVIL PROCEDURE, 2014-2015 EDUCATIONAL EDITION, ISBN No. 9780314287304. Other published versions of rulebooks will also do if you find one elsewhere for less. Just be aware that the older you go, the more out of date you will be. That said, the last set of major rule changes were in December 2011 so you can go back at least a couple of years and still manage reasonably well.

An alternative to buying any book (used or new) is to access the rules and statutes on the web. One good site is http://www.law.cornell.edu/rules/frcp/. The rules are also available at http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf. Current statutes can be found in numerous places, such as www.law.cornell.edu/uscode/text. Another good site for statutes is http://uscode.house.gov/search/prevcode.shtml. It provides links both to the current version of the U.S. Code, as well as to prior enacted versions (which is helpful when you are interested in seeing a prior version of the statute).

Prerequisites:  

First Day Assignments: In advance of our Aug 26 class read
· Mary Brigid McManamon, The History of the Civil Procedure Course: A Study in Evolving Pedagogy (CM 1-6), article publicly available at http://works.bepress.com/mary_brigid_mcmanamon/1/
· Paul MacMahon, Proceduralism, Civil Justice and American Legal Thought (CM 7-8), article publicly available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2279153
· Lonny Hoffman, A Parting Reprise (CM 9-23), article publicly available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=898240
· Stephen Shapiro, Teaching First-Year Civil Procedure and Other Introductory Courses by the Problem Method (CM 24-26), article publicly available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1426113
· Suggested (optional) additional assignment in advance of Aug 27 class: Watch Full Faith and Credit, video by Columbia Law Review students, at http://www.youtube.com/watch?v=0XgObo75Y0Q (warning: if this were a movie, it would surely be given an R rating).

Final Exam Schedule: 12/05 9am-1pm      

This course will have:
Exam:
Paper:

Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No

Course Materials (7/14/2014 7:42:08 AM)

Special Case

Course Materials: see course notes