Computer-Aided Exercises in Civil Procedure

seventh Edition

Computer-Aided Exercises in Civil Procedure

by Roger C. Park, Douglas D. McFarland

The sixth edition, first published as an ebook, and this seventh edition carry forward the philosophy and structure of the earlier editions. This book is not a comprehensive treatise on the subject of civil procedure, yet it provides a mixture of expository text, cases, and self-testing questions in nearly all of the major areas of the subject.

In order to maximize accessibility, flexibility, and compatibility of the book, the authors have chosen CALI’s eLangdell Press to publish and distribute the sixth edition (as chapters) and this revised seventh (as a complete book) electronically with a Creative Commons license Read more >

. Publishing a law textbook electronically with far fewer restrictions than most commercial books and using a somewhat new, boutique outfit such as eLangdell Press is an unconventional choice, to say the least. But the authors share the eLangdell vision of more flexible teaching materials for professors and more cost-effective books for students. Professors may now edit and remix this work to match their teaching without worry of copyright infringement. Students may now adopt this book, read it using any number of software or devices, and even print it - all for free. The book’s authors, like its publishers, believe that this new book model represents an important and long overdue step forward in the way law school books are published.

All the exercises have been substantially revised for this edition. The individual exercises also are reorganized and expanded so that they follow a more standardized pattern: expository text on the topic area, work-book questions, and introduction to the related online CALI lessons.This book, and the accompanying interactive exercises known as CALI Lessons available online through the Center for Computer-Assisted Legal Instruction (CALI) at www.cali.org, are intended to provide a challenging educational experience. For each exercise, students should read the text in this book and answer the questions before accessing the rest of the exercise online.

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About the Author(s)

Roger C. Park is the co-author of the Waltz & Park Evidence casebook, the author of a textbook on evidence (Trial Objections) and the author of numerous articles in law journals. He has also co-authored interdisciplinary journal articles on law and psychology. He is the past chair of the Evidence Section of the American Association of Law Schools.

Professor Park has written over a dozen computer lessons on evidence, civil procedure (with Doug McFarland) and professional responsibility (with Kenneth Kirwin). His evidence lessons won the EDUCOM Higher Education Software award in 1991.

Formerly the Fredrikson & Byron Professor of Law at the University of Minnesota, Professor Park is now the James Edgar Hervey Professor of Law at Hastings College of the Law, University of California. He has also taught as a visiting professor at Boston University Law School, Michigan Law School, and Stanford Law School and as an adjunct at Wellesley College.

Conditions of Use and Copyright

Roger C. Park and Douglas D. McFarland, Computer-Aided Exercises in Civil Procedure, Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 3.0 License.

CALI® and eLangdell® are United States federally registered trademarks owned by the Center for Computer-Assisted Legal Instruction. The cover art design is a copyrighted work of CALI, all rights reserved. The CALI graphical logo is a trademark and may not be used without permission.

Should you create derivative works based on the text of this book or other Creative Commons materials therein, you may not use this book’s cover art and the aforementioned logos, or any derivative thereof, to imply endorsement or otherwise without written permission from CALI.

Printed version

Paperback is available on Lulu.com.

Table of Contents

Introduction. Computer-Aided Exercises in Civil Procedure

Introduction.1 - Notices

Introduction.2 - About CALI eLangdell Press

Introduction.3 - Preface

Chapter One. Exercise One - Holding and Dicta in the Context of a Diversity Case

1.1 - Of Stare Decisis, Holding, and Dicta

1.1.1 - The Law of Stare Decisis

1.1.2 - The Concepts of Holding and Dictum

1.1.3 - Stating the Holding of a Case in Class

1.2 - Written Exercise: Stating the Holding of a Case

1.2.1 - Authors' Evaluation of the Statements of the Mottley Holding

1.3 - Computer–Aided Exercise: Baker v. Keck

Chapter Two. Exercise Two - Jurisdiction

2.1 - The law of jurisdiction

2.1.1 - Types of Jurisdiction

2.1.2 - Subject Matter Jurisdiction

2.1.3 - Personal Jurisdiction

2.1.4 - Notice and Opportunity to Be Heard

2.1.5 - Venue

2.2 - Questions on Jurisdiction

2.2.1 - Subject Matter Jurisdiction

2.2.2 - Personal Jurisdiction

2.2.3 - Notice and Opportunity to Be Heard

2.2.4 - Venue

2.3 - Computer Exercises

2.3.1 - CALI CIV 03: Jurisdiction and Venue

2.3.2 - CALI CIV 19: Jurisdiction Over the Person

Chapter Three. Exercise Three - Pleading a Complaint

3.1 - History of pleading

3.1.1 - Pleading under the Common Law

3.1.2 - Pleading under the Codes

3.1.3 - Pleading under the Federal Rules of Civil Procedure

3.2 - Drafting a Complaint under the Federal Rules

3.2.1 - Form of the Complaint

3.2.2 - Content of the Complaint

3.3 - An Exercise In Drafting A Complaint for Defamation under the Federal Rules: CALI Civ 01

3.3.1 - Facts of the Case

3.3.2 - Substantive Law of Defamation

3.3.3 - Procedural Law: the Burden of Pleading

3.3.4 - Preliminary Questions

Chapter Four. Exercise Four - Demurrers and Judgments on the Pleadings

4.1 - Substantive Law

4.2 - Procedural law

4.2.1 - Burden of Pleading

4.2.2 - Sequence of Code Pleadings and Motions

4.2.3 - The General Demurrer

4.2.4 - The Motion for Judgment on the Pleadings

4.3 - Preliminary Questions

4.3.1 - Part One—Demurrer

4.3.2 - Part Two—Judgments on the Pleadings

Chapter Five. Exercise Five - Motions to Dismiss and Waiver under Federal Rule 12

5.1 - Raising, and Waiving, Rule 12 Defenses

5.1.1 - The Federal Rule 12(b) Defenses

5.2 - Written Exercise

5.3 - Computer Exercise: CALI Civ 09

Chapter Six. Exercise Six - Joinder and Supplemental Jurisdiction

6.1 - Introduction

6.1.1 - Joinder Devices Available under the Federal Rules

6.1.2 - Supplemental Jurisdiction

6.2 - The Joinder Devices

6.2.1 - Claims

6.2.2 - Counterclaims

6.2.3 - Crossclaims

6.2.4 - Third-Party Claims [Also Known as Impleader]

6.2.5 - Joinder of Parties

6.2.6 - Intervention

6.2.7 - Interpleader

6.3 - Questions on Joinder

6.3.1 - Counterclaims

6.3.2 - Crossclaims

6.3.3 - Third-party claims

6.3.4 - Joinder of Parties

6.3.5 - Intervention

6.3.6 - Interpleader

6.4 - Computer Exercises

6.4.1 - CALI CIV 11: A Review of Joinder Concepts

6.4.2 - CALI CIV 18: Joinder of Claims and Parties

6.4.3 - CALI CIV 21: An Interpleader Primer

Chapter Seven. Exercise Seven - Discovery

7.1 - Discovery under the federal rules

7.1.1 - Philosophy

7.1.2 - Scope of Discovery

7.1.3 - Required Disclosures

7.1.4 - Discovery Devices

7.1.5 - Sanctions for Failure to Make Discovery

7.2 - Questions on Discovery

7.2.1 - Philosophy of Discovery Under the Federal Rules

7.2.2 - Scope of Discovery

7.2.3 - Discovery Devices

7.3 - Computer Exercise

Chapter Eight. Exercise Eight - Summary Judgment

8.1 - The law of summary judgment

8.1.1 - Federal Rule 56

8.1.2 - Supreme Court Interpretation of Federal Rule 56

8.2 - Computer Exercise: CALI CIV 13

8.2.1 - The Law of Battery

8.2.2 - The Facts of the Case

8.2.3 - Questions

Chapter Nine. Exercise Nine - Judgment as a Matter of Law

9.1 - Judgment as a matter of law

9.1.1 - Controlling the Jury

9.1.2 - Judgment as a Matter of Law

9.2 - Computer Exercise: CALI CIV 04

9.2.1 - Introductory Note

9.2.2 - Cases and Questions

Chapter Ten. Exercise Ten - Evidence for Civil Procedure Students

10.1 - Some Basic Evidence Rules

10.1.1 - The Requirement of Personal Knowledge

10.1.2 - The Hearsay Rule and Its Exceptions

10.1.3 - Relevancy and Its Counterweights

10.1.4 - The Opinion Rule

10.1.5 - Lawyer–Client Privilege

10.1.6 - The Best Evidence Rule

10.1.7 - Leading Questions

10.2 - Computer Exercise: CALI CIV 06

10.2.1 - General Instructions

10.2.2 - Background Facts About the Lawsuit

10.2.3 - Display One and Display Two

Chapter Eleven. Exercise Eleven - Preclusion

11.1 - Introduction

11.1.1 - Overview

11.1.2 - Policy

11.1.3 - Affirmative Defense

11.2 - The Preclusion Doctrines

11.2.1 - Claim Preclusion

11.2.2 - Issue Preclusion

11.2.3 - Exceptions to Preclusion

11.3 - Questions on Preclusion

11.3.1 - Claim Preclusion

11.3.2 - Issue Preclusion

11.4 - Computer Exercise: CALI CIV 17