Schedule of Classes
240 sec. 2 - Civil Procedure II (Fall 2009)
Instructor: Margaret Thomas
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Units: 3
Meeting Time: TuTh 3:20-4:35
Meeting Location: 105
Course Control Number (Non-1Ls): 49583
Main Section Enrollment:
Enrolled: 66
Waitlisted: 0
Enroll Limit: 110
As of: 11/25 06:43 AM
Civil Procedure II covers essentially two subjects. The first is choice of forum: What court or courts have the power to hear a particular dispute, and what options do the parties have in choosing between or among them? Included within this subject are personal jurisdiction, subject-matter jurisdiction (particularly of the federal courts), venue, change of venue, and forum non conveniens. The second is choice of law: What law will be applied by the court hearing the dispute? Choice of law is a broad subject, much of which is covered in Conflict of Laws; the central focus of Civil Procedure II is the problem posed by Erie Railroad v. Tompkins: when a federal court is exercising its jurisdiction to adjudicate a claim based on state substantive law, to what extent should the federal court also follow state procedural law? Depending on time and the preference of the instructor, topics given attention in Civil Procedure I may be revisited. Such topics might include preclusion, joinder (particularly in complex multi-claim, multi-party cases, such as class actions), and settlement.
Prerequisites:
Civil Procedure I
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Exam Notes: F
Course Category: Litigation and Procedure
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Books:
Required Books are in blue
- Geoffrey C. Hazard, Colin C. Tait, William A. Fletcher, Stephen M. Bundy - Pleading and Procedure. State and Federal Cases and Materials - Ed. 10th Edition / 2009 - Publisher: University Casebook Series / Foundation Press - ISBN: 9781599416038
