Tag Archives: Civil Procedure

MBE: Claim & Issue Preclusion

Below are resources regarding claim preclusion (res judicata) and issue preclusion (collateral estoppel).For a master listing of all Civ Pro MBE resources on this site, click here. Preclusion resourcesThis site includes many helpful resources. To the right are resources regarding preclusion, including problem sets (with explanations) and a number of handouts.In generalThe relationship between fairness, finality, and flexibilityClaim […]

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MBE: Motions, trial, and judgments

Below are videos and other resources regarding a number of issues related to motions, dispositive motions, the right to jury trial, and judgments. This includes Rule 12(b), the 12(b)(6) motion, Rule 12(c) motion for judgment on the pleadings, Rule 56 summary judgment, the right to jury trial, Rule 50 judgment as a matter of law, […]

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MBE: Erie Doctrine

Erie/REA resourcesErie can be confounding to law students. Below is a video from my 2015 JD review. To the right are a number of handouts, along with a problem set with explanations.Erie/REA flowchartCoggle flowchart on Erie doctrine and Rules Enabling Act analysisErie/REA problem setErie/REA problem set (with explanations)HandoutsSubstance & procedure before and after ErieErie’s concern about discriminationHanna […]

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MBE: Discovery

Below are resources on discovery.For a master listing of all Civ Pro MBE resources on this site, click here. Discovery resourcesI teach discovery to my JD students using sets of discovery questions. These questions are akin to an easy treasure hunt. Most of the them point you towards the most pertinent sections of the discovery rules, allowing […]

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