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   I. Course Description. Section “A”: Classroom “G”
Welcome to “Civil Procedure”! This course introduces the student to the language, structure, and complex rule systems governing the procedure and operation of the American Federal Civil Justice System. Particular emphasis will be placed upon the Federal Rules of Civil Procedure, pertinent federal statutes governing the operation of federal courts, and general sovereignty and federalism issues. Although this course will focus almost exclusively on federal civil procedure, the federal rule system serves as a “model” for most state civil procedure rule systems. Thus, by studying federal civil procedure, we also will be learning much applicable state civil procedure. However, from time to time, we will note significant differences between Federal civil procedure and civil procedure in California state courts. We also will occasionally consider international civil procedure issues.
In addition to discussing civil procedure issues and examining the historical, social, economic and political context in which legal decisions are made, we shall analyze the form and rhetoric of American legal argumentation and legal reasoning. In doing so, we shall see the brilliance and eminence, as well as the fallibility and limitation, of our adversarial system.
On a day-to-day level, we shall examine cases, hypotheticals, and problems which reveal the issues attorneys must consider in deciding when, where and whether to bring a lawsuit; against whom to bring it; how to bring it; and what procedural options are available to respond strategically to the changing circumstances as the lawsuit proceeds. We shall also study a defense attorney's vast array of available procedural devices and tactical maneuvers in defending against the lawsuit before it ever even gets to trial.
A continuing theme will be the conflicting dual objectives of the civil procedure system: fairness on the one hand vs. judicial economy on the other. People are sometimes frustrated by the ability of attorneys to win lawsuits through procedural means (on mere “technicalities”); however, they are often equally troubled by the backlog of civil cases that prevents parties from achieving justice (sometimes for many years). Thus, our system is an attempt to create procedural rules that streamline adjudication, yet still honor fairness and due process. Ideally, our justice system seeks in every case to “get it right” so that justice prevails; but realistically, our justice system also needs to “get it done” because disputes need to be reached in a timely and efficient manner. Inevitably, no system is perfect: changes and modifications are often made as we continually attempt to perfect the system so it is both fair and efficient for litigants.
Finally, a word of caution: at times it may appear as though we are merely learning how to manipulate a complex rule system at the expense of “truth” and “justice.” Such is not my intention in teaching this course. If it ever appears so, you should remember that before any future ethical lawyer can even begin to pursue “justice,” he or she must first analyze, scrutinize and internalize the vast complex procedural rule system which makes the very pursuit of justice itself possible. Accordingly, as the course proceeds, you will begin to appreciate that procedure is critically important in obtaining justice and it must be mastered by future lawyers because procedural tactics can and often do affect substantive legal outcomes.
II. Course Methodology.
This course will consist primarily of lecture, dialogue, and class discussion. Throughout the course, I shall call randomly on students as well as request volunteers. Students who are not prepared for class will miss much of the material and will fail to contribute to the class. Accordingly, class participation is extremely important. Therefore you will be expected (1) to be prepared for class each day and (2) to participate significantly in class discussion when called upon (or by volunteering).
At the end of each case or subsection in the book, the editor has included Notes and Problems that illuminate issues from the case or subject matter at hand. These Notes and Problems are extremely important to understanding the case and material. You must be prepared to discuss each question in class (although often we will discuss only some of them). I strongly urge you to write out short answers to the questions. Moreover, you should discuss the notes & problems in your study group before coming to class.
I strongly recommend that you prepare case briefs for class (discussed during Orientation). These briefs will be helpful in following class discussion and in responding to questions. Most importantly, the process of preparing a brief will sharpen your legal issue-spotting and analytical skills. By the end of the semester, your briefing skills will serve you well on the exam. You should prepare your brief on your own and then review it with classmates in a study group before class.
Being involved in a well-organized, well-run study group can significantly help you to develop your issue-spotting and legal persuasion skills. These skills are very difficult to develop through just the passive learning of reading outside of class and listening in class. A study group should be small and efficient. Three to five people is probably optimal. You should have a set agenda and routine in order to make the best use of your valuable and limited time. When you are an attorney, much of your time will be spent working with other attorneys, so you should get used to collaborating extensively with your future attorney classmates.
After each week of class, I suggest that you spend at least a few hours on the weekend reviewing and then summarizing your class notes from the previous week. You must make sense of what you are learning as you are learning it – so please do not wait until the end of the semester to start reviewing your notes. Making sense of your notes is much more difficult and time-consuming than you think. Synthesizing your notes weekly will help you to understand the law and to stay on top of the material as it is being covered. Organizing and summarizing your notes every week will help you immensely when you are taking your exams. It is a serious mistake in law school to wait until the end of the semester before beginning to put the material together for study purposes.
Finally, try to engage in good class participation. Monopolizing class time with insignificant or unhelpful comments will not be looked upon favorably. Conversely, merely voicing one or two statements throughout the year will be insufficient, even if such statements are cogent, well articulated, lucid and insightful. Accordingly, a balance between quality and quantity of class participation should be your aim. Class participation, or a lack thereof, may affect your final grade as explained below.
III. Schedule and Class Attendance.
Regular and punctual class attendance is required. A seating chart will be passed around during the first week, so you may want to choose a seat that you like on the first day. Please note that I use the screens located directly above and behind me at the podium to display computer images and text during class. We will meet in Classroom “G,” twice a week, for ninety (90) minutes, on Tuesdays and Thursdays, from 10:45 a.m. - 12:15 p.m. Please be punctual as any student who arrives after class has begun will be marked late and may even be marked absent for that class. Excessive absenteeism will be noted and may result in the lowering of your grade or may even result in failure. Please come to class because if you start to miss you will begin to fall hopelessly behind. Please see me if you begin to have any attendance issues. There are no excused absences, you are either in class or you are considered absent, regardless of the reason.
In addition to regularly scheduled classes, we may meet a few times in the afternoons or evenings (or even on Saturdays) in order to view certain videos or for homework review sessions, especially before exams (attendance will of course be optional for these additional class meetings). The times of such additional meetings will be announced. They are optional but you probably will find them very helpful so you should try to attend if your schedule permits.
IV. Course Grading.
The main areas from which I shall determine your final grade for the course are the Mid-Term and Final Examinations that are given at the conclusion of the fall semester (Mid-Term) and the spring semester (Final):
Mid-Term Examination. At the end of the first semester, on December 12th, from 6:00 p.m. to 8:30 p.m., there will be a mid-term examination. The exam will include a mix of essay and short answer questions. The largest portion of the exam will be the essay section. The exam will be “closed book” which means that you will not be allowed to bring in your books or notes; however, a copy of relevant portions of the Federal Rules of Civil Procedure and various statutes will be provided to you.
On the essay portions of the exam, maximum credit will be given to those answers that both identify the problems posed in a comprehensive fashion and demonstrate a thorough, effective and balanced analysis of how those problems should be solved. Less credit will be given to answers which merely state opinions or unsupported conclusions, or which simply recite abstract principles of law from hornbooks or commercial outlines without applying those principles to the facts of the given hypotheticals.
Thus, in taking the essay portion of the exam, students should spot the issues and thoroughly analyze them from all perspectives. Essay exam questions will focus (1) on the gray areas of the law where there often is not only one, or even any “correct,” definitive answer and (2) on fact patterns which fall both squarely on and between different rules of law. The mid-term exam will constitute thirty-three percent (33%) of your final grade. In no event shall any grade be changed on the exam except to correct a mathematical or clerical error.
Final Examination. At the end of the second semester, on May 9th, from 6:00 to 10:00 p.m., there will be a final comprehensive examination. The exam will again include a mix of essay (the largest portion) and short answer questions. The final exam will be “semi-open book” which means that you will be allowed to bring in your Rulebook with hand-written notes only in the margin (no other materials or pasted-in attachments will be allowed). Please note that the final exam will be very challenging so merely looking in your margin notes for “canned” answers will likely lead to a poor performance. Moreover, you need to understand that I am primarily testing your legal reasoning and analytical abilities, not simply your memory, although excellent recall of the material will be necessary in order to write a good exam answer. The same advice set forth above regarding the essay portions of the mid-term exam also applies to the final exam. The final exam will constitute sixty-seven percent (67%) of your final grade. In no event shall any grade be changed on the final exam except to correct a mathematical or clerical error.
With the Mid-Term exam being worth 33% of the final grade and the Final exam being worth 67% of the final grade, the two exams together constitute 100% of your final grade for the course. However, your final grade may be raised or lowered by one half letter (“B” to a “B+” for example) based on the following 3 areas.
(1) Short Answer Quizzes. During the first few weeks of the course, we will be studying a general Introduction & Overview of Civil Procedure. We do this because civil procedure concepts are so interrelated that you need to have a good idea about where we are going in the course (i.e., a good “road map”) before we can begin our more detailed study of particular civil procedure issues. Accordingly, after the first three weeks of class, there will be a one-hour multiple choice quiz on the overview of the course and on the Federal Rules. This quiz is designed to give you some early feedback regarding your progress in the course and a general idea of how well you understand the foundational material that we will be building upon the rest of the year. My intent is for you to be able to address any weaknesses and problem areas early on in the course without it significantly affecting your final grade. We will then take a few similar, short multiple choice quizzes later in the course to give you some continuing feedback during the year.
(2) Short Written Assignments. Occasionally throughout the year (perhaps 3-4 times), I will distribute short written assignments (2-4 pages). The assignments will be pleadings, motions, briefs, or other court papers that you will submit in response to various court papers or memoranda I will give you. Your assignments will not require library research; instead, they will simply require your strategic decision-making concerning civil procedure issues. Again they will not be individually graded, but they can, cumulatively, affect your final grade, provided you either do extremely well on them or if you do very poorly on them or fail to turn them in.
(3) Class Participation. As stated earlier, class participation may affect your final grade. It can affect your final grade positively, if it is extremely good, or negatively, if it is extremely bad or non-existent. If your class participation is “average,” then it will not affect your final grade one way or another.
I consider good class participation to be, at a minimum, a thorough understanding of the case or hypothetical at issue, the ability to articulate that understanding in a precise, effective, and persuasive manner, and the ability to consider further or deeper implications of the issues at hand and fully articulate those implications. In the past, typically 10-15% of students in the class have had their grades adjusted positively, while 10% have had them adjusted negatively for class participation. Obviously, attendance is necessary to engage in class participation. Poor class attendance is a sure way to lower your final grade by a half letter.
To maximize your likelihood of success, always: (1) come to class prepared; and (2) get involved in the class discussion. You are adequately prepared if you have carefully read the assigned materials, answered questions posed in the materials, and struggled to discern where these materials “fit” in the course. You are sufficiently involved in the class discussion when you are actively listening to your colleagues and volunteering additional relevant comments, criticisms or perspectives. The touchstones of meaningful participation are precision (both in listening and in speaking), clarity, and respect. Don’t be afraid to be “wrong.” You must learn how to articulate a position effectively and learn the art of advocacy the only way that one can—by experience. Participation dramatically improves your comprehension of the course materials and thereby makes it much more likely that you will earn a higher grade. Please review the memo from your first year professors on our expectations for students for further clarifications, distributed in the materials during Orientation and consider it incorporated herein.
V. Course Materials.
The REQUIRED texts for this course (available in the book store) are:
- Steven Yeazell, CIVIL PROCEDURE, 6th Ed, Aspen Publishers
(“The Casebook”)
- Steven Yeazell, FEDERAL RULES OF CIVIL PROCEDURE WITH SELECTED STATUTES, CASES AND OTHER MATERIALS (2007)
(“The Rulebook”)
- Prof. Galves, “INTRODUCTION AND OVERVIEW OF CIVIL PROCEDURE,” (with Glossary),
(“Intro and Overview”), (available after August 16th).
- Prof. Galves, FIRST SEMESTER SUPPLEMENTAL MATERIALS
(“Supp. Mats.”), (available after Sept. 1)
You will need to bring your Casebook and Rulebook to class every day, along with any pertinent supplemental materials for that particular class, as well as the "Intro and Overview."
Also, please note that I distribute a class outline for each class on “TWEN” (the course webpage, see below) through my website (www.fredgalves.com, see below). These class outlines contain the main topics and cases we will cover for that particular class. These class outlines will help you to organize your class notes (you can print out the class outlines and use them as cover sheets for that particular day’s class notes). The class outlines will inform you where we will begin the next class in case we ever fall behind schedule so you always know right where we are in the course coverage.
Finally, please note that I use computer images daily in class. Therefore, you should select a seat where you can easily view the screens. The information contained in the computer images on screen will help to organize class discussion and facilitate your note taking. However, DO NOT ATTEMPT TO SIMPLY COPY ALL OF THE CONTENTS ON THE COMPUTER SCREEN--this is law school, not court reporting school. The images and text are informational slides designed to get you to understand and think further about the legal concepts being considered for that particular class. They are just foundational catalysts for class discussion and exploration of the material.
I also RECOMMEND the following materials for more detailed study outside of class and as a reference source for basic questions:
- Joseph W. Glannon, Civil Procedure: Examples & Explanations, 5th Ed., Aspen Publishers) available in the bookstore. This publication contains many helpful examples and hypotheticals (with answers & explanations) to help you understand many key civil procedure concepts. Try to write out answers to the questions on your own BEFORE consulting the answers. You can then compare the author’s explanation with your written response.
- Kane, Freidenthal, Miller; Civil Procedure Handbook, (West Pub. Co.) – available in the library. This is good for a thorough academic background on the issues we cover. You may not have time to consult it on everything but it is a good reference if you ever have particular problems in a certain area.
VI. Web Page on “TWEN”.
We will have a WEB Page (on “TWEN”) for Civil Procedure. Your Legal Process professors will explain how to log on and sign up on TWEN for each of your classes. The TWEN page for Galves’ Civil Procedure will contain my class assignments, class outlines, class announcements, computer exercises, and other pertinent information, and perhaps most useful for you during the semester, a discussion room for you to leave questions or comments for me, as well as other class members. Also, actual judges and attorneys will be “virtual classroom participants” so occasionally they can respond to your comments and leave comments of their own for your consideration. My hope is that we can have an interesting and helpful discussion and interaction OUTSIDE of the classroom via the TWEN page.
Please understand, however, that the TWEN web page should not be used to ask questions without first trying to determine the answer on your own. Although I plan to react to your comments, I will not simply be an “information giver” and supply information you missed from not attending class. I hope more than anything else that you SPEAK TO ONE ANOTHER and attempt to answer each other’s civil procedure questions and concerns. If you do not have a personal computer, you can access the page in the library or computer center.
My personal e-mail address is “
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” but please use the TWEN WEB page for any Civil Procedure questions you may have so that other students can share their ideas and reactions to your questions and comments. Also, even if you do not have any specific questions, please access the page every week so that you can see/read what other students are asking and saying, and see how I am responding, etc. Note that students who consult the TWEN page often realize they do not understand some aspect of Civil Procedure law that they previously thought they did understand, but had never asked.
VII. Website: “www.fredgalves.com”.
I have a website for students, professors, lawyers, judges, and any other persons interested in the law. There will be a link on my website to the TWEN Galves’ Civil Procedure site under the “Classes” item on the left-hand side menu. Just click on “Civil Procedure” and then you will be on the page for this class. On that Civil Procedure page, there will be a link to our TWEN page. Also, there are many articles and helpful items on my website that you may find useful. Please feel free to explore the site, but I direct you specifically to the “Links” item on the left-hand side menu for helpful Civil Procedure links and academic resources (see e.g., the various state and federal court links).
In addition to checking my Website, you can access our TWEN page where there will be the class outlines and assignments for the next class (Please also see the “Syllabus” and the “Calendar” features on the TWEN page). When you sign up for TWEN, please make sure to use your correct, current, accessible e-mail address so you will be notified when new postings are made; if not, then you will have to constantly be checking TWEN to see if anything new has been posted.
VIII. Office Hours.
My office is located in the Courtroom building across from the Admissions Office (note that it is NOT in the main faculty building where our Classroom “G” is located). My office telephone number is (916) 739-7117.
The following are my office hours for fall, 2007:
Mondays 4:00 p.m. - 5:00 p.m.
Tuesdays 1:00 p.m. - 2:00 p.m.
Wednesdays 3:30 p.m. - 5:00 p.m.
Thursdays 1:00 p.m. - 2:00 p.m.
Also, I usually shall be available by appointment. Please feel free to come by my office anytime, often I will leave my door open and we can chat. You should not feel bashful about coming to office hours – law school is hard and we are here to help. It is your education, after all, so you need to make sure that you take advantage of all opportunities to learn and prepare for your future career. You are going to be someone’s champion someday, either in court or some other legal setting, so you should make the most of this academic experience, not only for yourself, but for your future clients who will be depending on you. . . . That said, relax.
IX. Relax
Although law school can be very difficult, you are about to embark on a very interesting and challenging life experience. So don’t let exaggerated horror stories consume you so much that you become overly concerned and stressed and, as a result, fail to enjoy and fully benefit from the journey. Just like you (and your parents and friends), we law school professors very much want for you to succeed and we are very confident that you can and will do so.
We will challenge you both inside and outside of class, but the purpose is not just to be mean or make life unnecessarily difficult for you; rather, it is to get you to challenge yourself intellectually and academically so that you can be as successful as possible in law school, and thereafter, in life as an ethical, civil, and professional attorney. You can do it; you can succeed. We are all looking forward to your progress and growth as a future attorney.
X. Course Assignments for the First Week of Class:
WEEK ONE (Aug. 13-17)
TUESDAY, AUG. 14
Galves, Intro & Overview PP. 1-16 (from “Intro” to “V.”) (Background)
Yeazell, Rulebook P. xi (“Preface”)
Galves, Intro & Overview PP. 16-34 (from “V.” to “E.”) (Focus)
THURSDAY, AUG. 16
Galves, Intro & Overview PP. 16-34 (from “V.” to “E.”) (Review)
Yeazell, Casebook PP. 4-12 (from “B.” to “4.”) (Focus)
Galves, Intro & Overview (Skim Only) PP. 34-44 (from “E.” to “VI.”)
Saturday, August 18th
“Homework with Galves”
10:00 a.m. – 11:30 a.m. (optional) (We will prepare the cases assigned for the following week)
(Classroom “G,” tentatively)
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