Civil Procedure Focus for the Bar: Assignments (Spring Break 2022)

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CIVIL PROCEDURE FOCUS FOR THE BAR (Spring Break 2022)

ASSIGNMENTS

Professor Ira Steven Nathenson

St. Thomas University School of Law

Day	Topic	Required assignment	Optional and extra credit assignments
Comments on assignments		Before each class you will read portions of the Civ Pro Themis MBE outline and watch Themis videos on each day’s topics. You should already have the outline from Bar Prep Skills I or II, and can also obtain a copy from Prof. Gutowski. Where available, links for videos and other materials are provided below; I am not certain whether they will correspond to your Themis account; if not, then please find the assigned videos in your Themis portal for Civ Pro MBE. Prior to class, you will check your progress by taking a pre-class quiz on UWorld no later than noon the day of class. Each day’s quiz is worth 1 point. To obtain the point you must meet the deadline and get at least 70% of the questions correct. You may retake the quiz up to nine times to obtain the 70% threshold. During class, we will discuss substance and strategies for selected topics from the readings and quiz questions, as well as other matters relevant to the day’s topics. I will generally tend to focus on the Civ Pro topics most likely to be tested on the MBE, as found in categories I, III, and V of the MBE outline found here.	QBank: You already have access to the UWorld QBank set of Civ Pro questions, from which many of the final exam questions will be drawn. You should do as many questions as you can as often as possible, which will deepen your knowledge of the materials. And did I mention that many final exam questions will be drawn from this bank of questions? Extra credit multiple-choice drafting: Upload your own original multiple-choice question based on today’s assignment, including explanation for each answer, to Canvas. Each compliant, original multiple-choice question with explanations for each answer is worth one multiple-choice point. Due 11:59PM the night before class. Extra credit CALI lessons: To get extra credit for CALI Civ Pro lessons, upload certificates of completion showing at least 50% correct any time from March 4, 2022, to March 20, 2022 at 11:59PM EST. One credit per completion, up to a possible five courses/five points. I encourage you to do more courses than that for your benefit, but the points are limited to five total.
Day 1: Mon., 3/7/22	Subject-matter jurisdiction	Syllabus: Read the syllabus, which has important information you are responsible for. Outline: Civ Pro portion of MBE Subject matter outline: 226 (ncbex.org) Outline: Themis Civil Procedure outline pp. 1-18 (subject-matter jurisdiction) Videos: Themis Civil Procedure MBE videos (use your Themis account) (appx 70 minutes): MBE Approach: Civil Procedure Ch 1: Introduction Ch 2: Subject Matter Jurisdiction: Federal Question and Diversity Ch 3: Subject Matter Jurisdiction: Diversity (Cont.) and Removal Ch 4: Subject Matter Jurisdiction: Supplemental Jurisdiction Pre-class quiz: Complete assigned multiple-choice questions on UWorld with at least 70% correct by noon today. Quizzes should be available through this link.	Highly encouraged: do additional UWorld QBank Civ Pro questions. Your reward for doing so is the likelihood of a vastly improved score on the final exam and greater likelihood of success on the Bar exam. Extra credit multiple-choice drafting: Upload your own original multiple-choice question with explanations to this link (due 11:59PM EST the day before class). See instructions above. Extra credit: CALI Civ Pro lessons, including: Diversity Jurisdiction Mastering Federal Question Jurisdiction in Two Steps Basics of Supplemental Jurisdiction through the Ice-Cream Method Removal and Remand: The Basics
Day 2: Tues., 3/8/22	Personal jurisdiction, venue, and service	Outline: Themis Civil Procedure outline pp. 18-32 (personal jurisdiction, notice, venue, transfer, forum non conveniens) Videos: Themis Civil Procedure MBE videos (use your Themis account) (appx 40 minutes): Ch 5: Personal Jurisdiction; In Personam Jurisdiction Ch 6: Specific In Personam Jurisdiction, In Rem and Quasi In Rem Ch 8: Venue Pre-class quiz: Complete assigned multiple-choice questions on UWorld with at least 70% correct by noon today. Quizzes should be available through this link.	Highly encouraged: do additional UWorld QBank Civ Pro questions. Your reward for doing so is the likelihood of a vastly improved score on the final exam and greater likelihood of success on the Bar exam. Extra credit multiple-choice drafting: Upload your own original multiple-choice question with explanations to this link (due 11:59PM EST the day before class). See instructions above. Extra credit: CALI Civ Pro lessons, including: Introduction to Specific Jurisdiction Rule 4(k) Venue Forum Non Conveniens and Transfer of Venue
Day 3: Wed., 3/9/22		Outline: Themis Civil Procedure outline pp. 32-52 (Erie, process, pleadings, amendments, Rule 12 practice, joinder) Videos: Themis Civil Procedure MBE videos (use your Themis account) (appx 53 minutes): Ch 7: Service of Process Ch 9: Choice of Law: The Erie Doctrine Ch 10: Pleadings Ch 11: Defense Motions Pre-class quiz: Complete assigned multiple-choice questions on UWorld with at least 70% correct by noon today. Quizzes should be available through this link. Note that the Uworld site may be undergoing maintenance on 3/8/22 from 10:30PM to 3/9/22 at 12:30AM, so plan your work accordingly.	Highly encouraged: do additional UWorld QBank Civ Pro questions. Your reward for doing so is the likelihood of a vastly improved score on the final exam and greater likelihood of success on the Bar exam. Extra credit multiple-choice drafting: Upload your own original multiple-choice question with explanations to this link (due 11:59PM EST the day before class). See instructions above. Extra credit: CALI Civ Pro lessons, including: The Erie Doctrine: Basics Joinder of Claims and Parties (4 points – must do all four sections) Class Action Basics Rule 11 and Ethical Pleading Rule 12 Motion Practice
Day 4: Thurs., 3/10/22		Outline: Themis Civil Procedure outline pp. 52-82 (pretrial procedure, discovery, summary judgment) Videos: Themis Civil Procedure MBE videos (use your Themis account) (appx 73 minutes): Ch 12: Multi-Party Litigation Ch 13: Multi-Claim Litigation, Impeader, and Class Actions Ch 14: Scope of Discovery Ch 15: Discovery Devices Ch 16: Pre-Trial Procedure and Motions to Terminate Pre-class quiz: Complete assigned multiple-choice questions on UWorld with at least 70% correct by noon today. Quizzes should be available through this link.	Highly encouraged: do additional UWorld QBank Civ Pro questions. Your reward for doing so is the likelihood of a vastly improved score on the final exam and greater likelihood of success on the Bar exam. Extra credit multiple-choice drafting: Upload your own original multiple-choice question with explanations to this link (due 11:59PM EST the day before class). See instructions above. Extra credit: CALI Civ Pro lessons, including: Discovery Privileges: Work Product Discovery Processes Discovery: Relevance and Proportionality Summary Judgment under Rule 56
Day 5: Fri., 3/11/22		Outline: Themis Civil Procedure outline pp. 82-97 (trial, post-trial, preclusion) Videos: Themis Civil Procedure MBE videos (use your Themis account) (appx 53 minutes): Ch 17: Right to Jury and Motions to Override the Jury’s Verdict Ch 18: Appeals Ch 19: Preclusion: The Effect of Prior Adjudication Pre-class quiz: Complete assigned multiple-choice questions on UWorld with at least 70% correct by noon today. Quizzes should be available through this link.	Highly encouraged: You have access to the UWorld QBank set of Civ Pro questions, from which many of the final exam questions will be drawn. You should do as many questions as you can as often as possible, which will deepen your knowledge of the material. And did I mention that many final exam questions will be drawn from this bank of questions? Extra credit multiple-choice drafting: Upload your own original multiple-choice question with explanations to this link (due 11:59PM EST the day before class). See instructions above. Extra credit: CALI Civ Pro lessons, including: Rule 50 – Judgment as a Matter of Law Claim Preclusion Issue Preclusion Equitable Remedies – An Overview
Day 6: Sat., 3/12/22	Final exam, time and place TBD by Registrar	Ninety minute, 50-question, closed-book multiple-choice exam. (Not two hours as stated on STU website).

Posted Mar. 9, 2022 (Correcting page numbers for day 3)