Civil Procedure (Murphy)
The required casebook for this class is Freer & Perdue, Civil Procedure: Cases, Materials, and Problems (6th ed.), published by LexisNexis. In addition, we will use the 2014-2015 Edition of the Federal Rules of Civil Procedure pamphlet published by LexisNexis. In advance of our first class, you should have both these books in your possession. If for some reason you do not have the assigned books, it is your responsibility to borrow the books from another student so that you are prepared for class.
For our first class:
1. Please read carefully the course information memo that is posted on the Bridges website.
2. Please read pages 1-12 of the Freer & Perdue casebook and prepare carefully pages 283-289 of the casebook (do not yet read “Legal Sufficiency” on page 289). In the LexisNexis rules pamphlet, study Federal Rules of Civil Procedure 1, 7(a) & (b)(1)-(2), 8(a), 8(e), 10, and 84 as well as Forms 1, 2, 11, and 17 in the Appendix of Forms to the Federal Rules.
3. Based on the selected Federal Rules of Civil Procedure that I have assigned and using as a guide Forms 1, 2, 11, and 17, type and submit at the beginning of class one hard copy of a simple complaint for Sarah Jones in the United States District Court for the District of Wyoming. Your complaint should be based on the following facts and any additional facts that you deem warranted:
On August 1, 2013, Mark Jones was physically injured in an automobile accident. Jerry Smith rear-ended Jones’s car while Jones was stopped at a red light at the intersection of Oak Ave. and Maple St. in Cheyenne, Wyoming. Mark Jones has been married to Sarah Jones since May 1, 2010. Sarah wishes to sue Smith for “loss of consortium,” which the relevant law defines as arising when an injured spouse, due to a tortious act, can no longer supply the affection and companionship natural to a spousal relationship. The relevant law thus far has recognized loss of consortium claims only when the spousal relationship is between a man and woman, and the date of marriage must have preceded the date of the tortious act.
In drafting the complaint, do not do any outside research. Moreover, in your complaint, do not attempt to make a statement of jurisdiction (simply use the words “Statement of Jurisdiction” where appropriate in the complaint).
I will not be grading your complaint. In addition to submitting your complaint to me at the beginning of class, be sure to keep another copy of your complaint available for yourself to review during class.
I look forward to meeting you.
Assignment for August 19, 2014:
I. Required Texts:
A. Dawson, Harvey, Henderson & Baird, Contracts (10th ed.) (Foundation Press); and
B. Burton & Eisenberg, Contract Law: Selected Source Materials (2014 ed.) (West).
II. Recommended Texts:
- Marvin A. Chirelstein, Concepts and Case Analysis in the Law of Contracts; and
- Lawrence A. Cunningham, Contracts in the Real World: Stories of Popular Contracts and Why They Matter.
III. Reading Assignment from the Dawson Casebook:
Introductory Note and Hawkins v. McGee (Pages 1-6).
IV. Additional Information:
For additional class information, see the Syllabus posted on the Bridges website.
Criminal Law (Ritchie)
For the first class in Criminal Law, Section A, Prof. Ritchie, please read the Introduction in Moskovitz, CASES AND PROBLEMS IN CRIMINAL LAW, Third Edition, pages 1 through 13, which generally discusses the book and the problem method. Also, for the first class please read Chapter One, pages 15 through 35. We will be discussing this material for the first two classes. You should be prepared to discuss the problem at the beginning of the chapter using the cases and statutes in the chapter as authority for your arguments.
Legal Practice (All Sections)
Dear Class of 2017,
On behalf of your Legal Practice I (“LP I”) professor, I welcome you to the RWU School of Law! I am attaching for your reference the LP I Syllabus, which sets out the books and materials you will need for LP I and the reading and assignments for which you will be responsible this fall. Please note that your assignment for the Orientation class, scheduled for Friday, August 15th, is to read chapter 1 of the text book, The Legal Writing Handbook (available at the RWU Bookstore), and the LP Course Policies and Code of Student Responsibility, which is included in your Legal Practice Binder (also available at the Bookstore). For your convenience, I have attached a copy of the LP Course Policies and Code of Student Responsibility.
We look forward to meeting you next week,
- Torts typically involves a physical (or “personal”) injury caused by one person or entity (through the conduct of its employees) to another person, and initially asks whether there should be liability in the circumstances. If there is liability, then the victim generally is entitled to compensation for the resulting injury (pain & suffering, medical bills, lost wages, and any damage to property). In a few circumstances, the plaintiff may also be entitled to “punitive damages.” As we will see, a lay jury is typically involved in deciding these issues, under the control of a trial judge, with the trial judge’s decisions subject to evaluation by appellate judges. There are a number of basic scenarios that will appear during the course. As you prepare for the first class, try to identify exactly how the scenarios below differ and whether some offer stronger justification than others for awarding compensation, and be prepared to justify your position.
- Sluggo purposely drives his vehicle into Blutto, who is sitting in a roadside café, causing Blutto serious physical injury.
- Suppose Blutto’s Mother saw all this transpire from across the patio; should she be entitled to recover damages for the trauma of witnessing a serious injury to her son?
- Sluggo is driving drunk and loses control of his vehicle and hits Blutto, who is sitting in a roadside café, causing Blutto serious physical injury.
- Sluggo is texting while driving and he loses control of his vehicle and hits Blutto, who is sitting in a roadside café, causing Blutto serious physical injury. e.Would your answer change if Blutto had a pre-existing medical condition that made the injury he suffered much worse than would have been the usual result from the impact?
- Sluggo is driving carefully when he suffers a sudden heart attack, loses control of his vehicle and hits Blutto, who is sitting in a roadside café, causing Blutto serious physical injury. Would your answer change if Sluggo knew of his heart condition but drove nevertheless? Skipped his heart medicine because the drug made him feel poorly?
- Would your answer to any of the above change if Sluggo’s vehicle hit Blutto while Blutto was walking the wrong way on the shoulder of the road?
- Should Blutto be able to recover any damages from Sluggo’s employer if Sluggo was on a delivery for the employer when he lost control of his vehicle? Would your answer change if Sluggo was on his way home from work in his own car?To understand Torts you have to know the basics of our civil litigation process, and be familiar with some key technical terms. In preparation for our first class, please define the following terms. (There will be multiple sources for this information in the Law Library and there may also be online information that will do the trick.)
- To understand Torts you have to know the basics of our civil litigation process, and be familiar with some key technical terms. In preparation for our first class, please define the following terms. (There will be multiple sources for this information in the Law Library and there may also be online information that will do the trick.)
- Motion to Dismiss
- Discovery (depositions and interrogatories)
- Voir Dire
- Opening Statement
- Directed Verdict Motion
- Closing argument
- Judgment as a Matter of Law (aka Judgment Notwithstanding the Verdict or JNOV)
- New Trial Motion
- Burden of Proof
- How is a trial different than an appeal?
- Why provide a damages remedy when one person’s misconduct causes a physical injury to another? (pp. 1-2 in the casebook)