Resources for Civil Procedure Multistate Bar Examination (MBE)

By Professor NathensonApril 4, 2015Civil Procedure, MBE, Reviews

Overview of potential Civ Pro MBE topicsCiv Pro MBE overviewOverview of which Civil Procedure topics are most likely to be tested on the MBERead MoreProfessor Nathenson’s MBE resources listed by topicSubject-matter jurisdictionVideos, handouts, and problem sets (with explanations) on original, removal, and supplemental jurisdiction.Read MorePersonal jurisdictionVideos, handouts, and problems (with explanations) on personal jurisdiction.Read MoreDue process, notice, […]

Put up or shut up! The flavors of summary judgment

By Professor NathensonApril 1, 2015Civil Procedurefrcp, summary judgment

In honor of Monday’s assignment, I’ve posted a new handout on the types of summary judgment, the “put up or shut up” rule. Varying somewhat from Glannon’s approach, I define four (4) types of summary judgment: Proof of all of my own (the movant’s) elements Disproof of one or more of my opponent’s (non-movant’s) elements Absence […]

Put up or shut up: flavors of summary judgment

By Professor NathensonMarch 30, 2015Civil Procedure

Summary judgment (“SJ”) is the “PUT UP OR SHUT UP” rule. (See here for other mnemonics, such as “SO WHAT?” for Rule 12(b)(6)). With summary judgment, the parties have had an opportunity to get affidavits or to take discovery. Now the question becomes whether there is a need for trial. If the material facts are […]

Voluntary (and involuntary) dismissal analogized to amendments of pleadings

By Professor NathensonMarch 30, 2015Civil Procedure

Note the similarities between voluntary dismissals and amendments of pleadings. What plaintiff seeks FRCP 15 Rule 41 Voluntary dismissal: Plaintiff wants to exercise a unilateral right Amendment as a matter of course: Limited in time. FRCP 15(a)(1). Notice of dismissal: Plaintiff’s right to do NOD is cut off by service of an answer or motion for summary […]

Category Archives: Civil Procedure