FALL 2006 - SPRING 2007
General Information
This class will look at Civil Procedure from at least four perspectives. First, we will use the casebook and related materials in a relatively traditional way to gain an overview of procedure doctrine as developed by legislatures, rule makers, and appellate courts. Second, we will read Jonathan Harr= s book, A Civil Action, and study the key litigation documents in that case, in order to see how litigators use the rules strategically and to grapple with numerous ethical issues that the Woburn litigation presents. Third, we will engage in litigation exercises throughout the year, some from our casebook and others from a case of our own. Finally, we will also discuss issues of policy that the procedural system raises and consider proposals for procedural reform.
1. Meeting Times
The class meets on Tuesdays and Thursdays from 2:00 - 2:50.
2. Required Materials
(1) Babcock, Massaro & Spaulding, Civil Procedure: Cases and Problems (3d ed. 2006) [BMS].
(2) West Publishing Company, Federal Rules of Civil Procedure, Educational Edition (2006-2007)[FRCP].
(3) Clermont (ed.), Civil Procedure Stories (2004) [Stories].
(4) Jonathan Harr, A Civil Action (any edition) [Civil Action].
(5) Civil Procedure Supplement (class handout materials) [CPS].
Whenever we study particular litigation devices, your understanding of their nature and function may be enhanced by comparing the story version (A Civil Action) to the actual litigation documents from the Woburn case, which are noted in the Syllabus.
I also recommend Joseph W. Glannon, Civil Procedure: Examples and Explanations (most recent edition) or William V. Dorsaneo III & Elizabeth Thornburg, Questions & Answers: Civil Procedure. Students preferring a more narrative style study aide might benefit from Gene R. Shreve & Peter Raven-Hansen, Understanding Civil Procedure (most recent edition).
3. Communication
My office is Room 204, and my telephone number is (214) 768-2613. Please feel free to drop by or call to sign up for an appointment. You may also contact me by sending e-mail to ethornbu@smu.edu. You must also sign up for the class e-mail list. Instructions for the e-mail list are on the Civil Procedure home page. You should also sign up for the class page on TWEN (The West Education Network).
4. Grading
Your final grade in this class will have two basic components. For the most part, your grade will be based on the final examination, which will contain essay questions. The exam is open book. In addition, you may receive or lose discretionary points based on class participation, which includes attendance, preparation, completion of simulation exercises, and participation in class.
5. Reading Assignments
When reading the following assignments, you will notice that the cases or the Notes and Problems often refer to various rules and statutes contained in your Federal Rules of Civil Procedure book. In addition to reading the assigned text and any supplemental materials, you should read carefully all the constitutional provisions, statutes, and Federal Rules of Civil Procedure to which the text refers as well as all Advisory Committee Notes following the rules.