Fall 2020
Professor Dan Klerman
NOTE. This page has not yet been updated for Fall 2021. I will do that the week of August 13. The only book you should buy for this class is Robert Bilott, Exposure (2019). It is available at the books store, on Amazon, and elsewhere. All other materials will be distributed free. I look forward to meeting you. Prof Klerman
The First Class
(1) Email my assistant, Hannah Pae, hpae@law.usc.edu, by 9AM Monday morning, August 24, stating (a) the first name I should use when calling on you in class (e.g. “Joe” instead of “Joseph”), (b) hints for pronouncing your first and last names (e.g. “Klerman” rhymes with “turban”), and (c) the pronouns I should use when referring to you (e.g. he/him, she/her, zie/zer). The email should be in the following form:
Subject: Civil Procedure
Dear Ms. Pae,
I prefer that Professor Klerman call me __.
Hint(s) for pronouncing my name(s): ___
I prefer that Professor Klerman use the pronouns __ .
Thank you.
Hannah Pae will email back with your Writing Group Number. You will need your Writing Group Number to submit the (optional) writing assignment for the first class and the (mandatory) assignment for Thursday’s class.
(2) Please make sure that you received an email from me Tuesday evening, August 18, at your @lawmail.usc.edu address at approximately 10PM LA time. If you did not receive an email from me, please contact USC Law Computing Help to resolve the issue. More generally, please make sure that you have set up your email so that you can easily check your @lawmail.usc.edu account at least once a day. Not infrequently, I send clarifications or modifications of assignments through email, and it is important that you receive such emails. More generally, although you may prefer texting or social media for personal communication, email remains the standard for professional and business communication, so it is a good idea to get used to checking your email regularly.
(3) Buy Scott Edward Cole, Fallout (2018). It is available through Amazon. You will not need it until the second week of class, so it’s not a problem if it takes a while for Amazon to deliver it. Or you can get the Kindle version instantly for $5.99. I will provide you electronic copies of all the other materials you need. There is no casebook or supplement to buy.
(4) Download a copy of the Rules Pamphlet by clicking here. I strongly encourage you to print it out and find a way to bind it so you can quickly and easily refer to it when preparing for class and during class. While I understand that most of you probably prefer electronic to paper documents (and I generally share that preference), I think you will find it much better to have a hardcopy of the Rules Pamphlet. In an ordinary year, I would have a spiral-bound copy produced for you, but that is not possible this year. I suggest you find some way of creating a book-like version, perhaps by using a 3-hole punch and putting the pages in a small 3-ring binder. In addition, here’s an MS Word version that you might find useful.
5) Read the 14th Amendment, which can be found on the first page of the Rules Pamphlet.
(6) Click here to download Greene v. Lindsey and related materials. Read the materials and think carefully about questions 1-8 on p. 11. These are questions that we will discuss in class on Tuesday. It might be helpful to read the questions before reading the case. I encourage you to discuss the questions with your classmates. Make sure you understand all the technical terms mentioned in the case. For example, what is a “forcible entry and detainer” action? What is a “summons”? What is “summary judgment”? Legal dictionaries, such as Black’s Law Dictionary, will help. The library has a hard copy of Black’s. You can access Black’s Law Dictionary on Westlaw and Ballentine’s Law Dictionary on Lexis. The library is sending you information on accessing Lexis and Westlaw on Wednesday, August 19. Note that Question 9 on p. 11 of the handout will be part of the assignment for Thursday, so it’s good to start thinking about it now, but we won’t get to it until later in the week.
(7) Questions 1-8 on the last pages of the document with Greene v. Lindsey are an optional writing assignment. If you would like, you can type out your answers and submit them using Blackboard. Typing out your answers will help you prepare for class, help you learn the material better, and may earn you a small amount of extra credit. You will also benefit from feedback from a teaching assistant. See instructions below under the heading “Writing Assignments” for how to submit a writing assignment.
(8) You may find it helpful to read pages 347-48 of Glannon, Civil Procedure: Examples and Explanations (8th ed. 2018). The rest of Chapter 18 will also be particularly helpful as you prepare for Thursday’s class. Glannon is a wonderful study guide, and an electronic version is available for free through the USC Law Library. Here’s a link.
(9) Read this webpage carefully and make sure you understand all class policies. We will not review them in class, but you are responsible for all of the information, rules, and policies on this page.
(10) Take the Blackboard quizzes labeled “Administrative Q1,” “Administative Q2,” “Administrative Q4,” and “Administrative Q5.” (Administrative Q3 is not relevant this year because of COVID). Each “quiz” is one question, so there are 4 questions. They are easy and relate to the class policies on this webpage. (See (9) above). For instructions and information on Blackboard quizzes, see below under the heading “Blackboard Quizzes.”
(11) Start reading Scott Edward Cole, Fallout. You should have read the first seven chapters (the first 82 pages) by Tuesday, September 1.
The Most Important Class Policy
If you will be absent or unprepared for class, please let me know in advance by emailing my assistant, Hannah Pae, at hpae@law.usc.edu. Please put “CivPro” in the subject line of your email. I call on students randomly, and it is very disruptive to the rhythm of class if I call on someone who is not prepared or absent. If you send me an email saying that you will be absent or unprepared, I will not call on you. There will be no penalty for sending a reasonable number of such emails, but if I call on you and you are absent or not prepared even once, that will have a negative impact on your grade.
Newspapers and Public Radio
If you don’t already do so, I strongly encourage you to start keeping up with current events by subscribing to a daily newspaper and/or listening to public radio. As a lawyer, you need to understand business, politics and culture in order to understand your clients’ problems and perspectives. In addition, such understanding will help you interview better for jobs, make you a better citizen, and make you a more interesting conversation partner at parties and other events. As a student, you are eligible for substantial discounts. In particular, I recommend:
The New York Times.
USG and GSG offer all students a free annual subscription to the New York Times using your USC email. http://nytimesaccess.com/usc/
$1 per week web and smartphone subscription. http://www.nytimes.com/subscriptions/edu/lp8LQFK.html?src=898Q4&campaignId=393W8
KPCC. 89.3 FM. online at www.kpcc.org. Free mobile apps.
The Wall Street Journal. $1 per week print and digital subscription.
https://buy.wsj.com/wsjtls17/?trackingCode=aaqntppl&cid=WSJ_SC_NA_SALE_PROF
Note also that, if you are planning to live in a different city after graduation, you can listen to the public radio station(s) for that city on the web and via free mobile apps. That way you can get relevant local as we well as national and international news. Many cities’ newspapers are also available online, but local newspapers are not a substitute for national newspapers such as the Wall Street Journal and New York Times.
Glannon
Glannon, Civil Procedure: Examples & Explanations is a wonderful study guide, and an electronic version is available for free through the USC Law Library. Here’s a link. Doing the problems in Glannon is also a terrific way to review for exams, especially if you write or outline your answer before looking at the “explanation.” Although I indicated on the slides the most relevant chapters, here’s a summary that might be helpful. Note Glannon has two books on Civil Procedure. I recommend Civil Procedure: Examples and Explanations, not Guide to Civil Procedure.
The following chapters cover material that are central to the course: 1, 4-9, 13-14, 16-21, 23, 26-29. I highly recommend that you do all of the problems in these chapters.
The following chapters cover material in greater depth than required for the course: 2-3, 10-12, 22. Doing the problems in these chapters would be helpful, but you are not responsible for all the material covered. You should understand the basic concepts and be able to do the easier problems, but don’t be concerned if there are problems you can’t do or if the explanations refer to cases, statutes, concepts we did not cover. You are only responsible for materials assigned for class or discussed in class. My slides are a good guide to what you need to know from these chapters. Doing a few problems from these chapters would be a good way to confirm that you understand the basics.
The following chapters cover material we did not cover at all: 15, 24-25. Doing the problems in these chapters would not be helpful for my exam.
Course Description
This is an introductory, first-year course that introduces students to the basic doctrines and theories of Civil Procedure.
Learning Objectives
♦ Understand and apply basic rules of Civil Procedure relating to a simple lawsuit (from service of process through appeal), complex litigation (including joinder and class action), jurisdiction, venue, and other topics on the syllabus
♦ Formulate legal arguments orally about Civil Procedure and respond orally to legal arguments about Civil Procedure
♦ Write clearly about Civil Procedure.
Professor Klerman’s Contact Information
Email: dklerman@law.usc.edu
Professor Klerman’s Office Hours
I will hold office hours Tuesdays & Thursdays 3:50-4:20PM via zoom (same address as class). That is, office hours will be the half hour after each class. When class is canceled, there will be no office hours.
For office hours between November 21 and the exam, see “Class Schedule and Materials” chart below.
Teaching Assistant Office Hours
Tuesdays 1-2PM
Zoom address: https://usc.zoom.us/j/91782542671?pwd=NWxiTEpOckhxZk5kNCsyVUJyRmx0dz09
Teaching Assistant Names and Email Addresses
Chief Coleman: chief.coleman.2022@lawmail.usc.edu
Hannah Waldman: hannah.waldman.2022@lawmail.usc.edu;
Jacob Wasser: jacob.wasser.2022@lawmail.usc.edu
Class Schedule and Materials
The topics to be covered in each class set out below are tentative and subject to change at any time (with adequate notice, of course).
Class # | Date | Topic, Readings, Slides, Model Answers, and Handouts | |
1 | T 8/25 | Service of Process & the Constitution Greene v. Lindsey Slides, Model Answer |
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2 | Th 8/27 | Service of Process & the FRCP Slides, Model Answer |
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3 | T 9/1 | Complaint I Haddle v. Garrison Slides, Model Answer |
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4 | Th 9/3 | Complaint II Ashcroft v. Iqbal Complaint in Iqbal Complaint in Fallout Slides, Model Answer |
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5 | T 9/8 | Rule 11 Slides, Model Answer |
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6 | Th 9/10 | Answer & Amendment Slides, Model Answer |
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7 | T 9/15 | Relation Back & 1995 Exam Slides, Model Answer |
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8 | Th 9/17 | Discovery I Slides, Model Answer |
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9 | T 9/22 | Discovery II Slides, Model Answer |
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10 | Th 9/24 | Discovery III Slides, Model Answer |
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11 | T 9/29 | Summary Judgment Slides, Model Answer |
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12 | Th 10/1 | JMOL & New Trial Slides, Model Answer |
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13 | T 10/6 | Appeal; German Procedure; Table of Motions Slides, Model Answer |
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14 | Th 10/8 | 1995 Exam (Part III) Slides, Model Answer |
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15 | T 10/13 | Settlement; ADR Slides, Model Answer |
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16 | Th 10/15 3:10-5PM |
Fee Shifting; Joinder Slides, Model Answer |
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17 | T 10/20 | Class Actions; Diversity; Federal Question Jurisdiction Slides, Model Answer |
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18 | Th 10/22 | Supplemental Jurisdiction Slides, Model Answer |
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19 | T 10/27 | Scott Cole; Choice of Law Slides, Model Answer |
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20 | Th 10/29 | Personal Jurisdiction I Slides, Model Answer |
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21 | T 11/3 | Personal Jurisdiction II Slides, Model Answer |
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22 | Th 11/5 | Personal Jurisdiction III Slides, Model Answer |
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23 | F 11/6 10AM-noon |
Court visit (details in slides for Class #22) Prof. Keating’s Torts class rescheduled to Th 11/12 2-3:50PM Motion Documents (DropBox) (same as GoogleDrive) Motion Documents (GoogleDrive) (same as DropBox) Calendar (Schedule) (In Dropbox but not GoogleDrive) Judge Birotte Bio (Westlaw) Judge Birotte Bio (Daily Journal) |
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T 11/10 | Canceled to give more time to prepare 2012 exam (made up by extra 5-10 minutes most classes) |
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Th 11/12 | No Civ Pro (made up by court visit) (Prof. Keating’s Torts class instead) |
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24 | T 11/17 | Venue & 2012 Exam Slides, 2 model answers — See below Model Answer-Venue Model Answer 2012 Exam |
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25 | Th 11/19 | Res Judicata and Collateral Estoppel Slides, Model Answer |
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T 11/24 | No class. Friday classes meet Office Hours 3:50-4:20 |
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Th 11/26 | No USC Law Classes. Thanksgiving Break | ||
T 12/1 | Canceled (made up by Mock Mediation) Office Hours 2-3:50 |
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Th 12/3 | TA Review Session 2-3:50 (Optional) (made-up by 12/13 Review Session) 2019 Exam, Model Answer |
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26 | Su 12/13 | Review Session 1-3PM (led by Professor Klerman) 2015 Exam, Model Answer Office hours 3-6PM |
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T 12/15 & W 12/16 |
Exam Exam Memo and Model Answer |
Attendance
Because I will be posting an audio recording of each class as well as my PowerPoint Slides and model answers, it may be tempting to skip class. To counteract that temptation, class attendance is mandatory.
Class Participation
Participation in class discussion is an essential part of the learning process because it helps you get more comfortable with public speaking and thinking on your feet, and because listening carefully to answers provided by fellow students helps you see things from different perspectives. My emphasis on class participation and writing (below) reflects my view that students learn most when they actively engage rather than passively read and listen. This view goes back at least to Benjamin Franklin, who wrote, ““Tell me and I forget. Teach me and I remember. Involve me and I learn.” I will call on students randomly, whether they volunteer to answer a particular question or not. I will sometimes ask for volunteers. If you are particularly anxious about being called on in class, please contact me so that we can find a way to make you more comfortable.
Model Answers
Model answers to all class writing assignments will be distributed after all question have been discussed in class. Distribution will use Hogo, a secure document sharing and distribution service. I wrote these model answers myself. Model answers cannot be printed, downloaded, or shared. This enables me to reuse questions from year-to-year and ensure that no students have an unfair advantage through access to answers to the prior year’s questions. Even if you figure out how to defeat Hogo’s security provisions, please do not share model answers with students in future classes or anyone else. Giving answers to future students will not really help them (because they will not have the benefit of learning the material themselves) and will cause unfairness.
Blackboard Quizzes
For many classes, I will post some multiple-choice questions to Blackboard. They are in the “assignments” section of Blackboard. These questions are to help you learn the material. After you “submit” your answer to each question, please be sure to click on “ok” in the lower right hand corner to “review results.” This will tell you if you got the right answer, and it will provide an explanation of the legal reasoning behind the correct answer. This feedback is a key part of why I am putting questions on Blackboard. I want you to get feedback on the easy questions (the ones I put on Blackboard) before you tackle the harder questions (the ones we will discuss in class).
If you would like to review a Blackboard Quiz question and/or answer after the deadline for that quiz has passed, you can do so by following the instructions below:
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- Go to ‘Tools’ in the menu bar
- Go to ‘My Grades’
- Click on the graded test/quiz that you want to review (title is in blue)
- Click on the calculated grade/the grade that you got for this test/quiz (this is in blue)
- This will open up to page where you can review the question, the answers, the answer you selected, and the response feedback
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Writing Assignments
I will assign short, graded writing assignments for each class. These assignments serve five very important functions. (1) Writing helps you think more clearly. (2) These writing assignments are good practice for exams. (3) These writing assignments are good practice for the writing you will be doing in your legal careers. (4) They help you prepare for class because the questions in the writing assignment are ones we will discuss in the next class. (5) Writing about these questions will improve the quality of class discussion for everyone.
Writing Assignments will be described in PowerPoint slides, which will also note which writing group should do which question(s).
These writing assignments will be short. You will be responsible for roughly one question per class. Sometimes you will be responsible for two or three questions. Sometimes you will be responsible for zero questions. If you have written one, thoughtful, single-spaced page (with reasonable font and margins), you may stop and receive full credit, even if you have not fully answered the assigned question or questions. If you answer the assigned question(s) thoughtfully in less than one page, that is also fine. You are also free to write more than one page. In fact, I encourage you to write more than one page, if you think you need more than one page to thoroughly answer the assigned question(s). Nevertheless, if you are pressed for time, you may stop when you have written one page. That is, you are required to either (a) answer the question(s) thoughtfully (whether that takes less than one page or more than one page), or (b) write at least one thoughtful page (even if you don’t fully answer the question(s)). I don’t expect polished prose. I just want to ensure that you are thinking carefully about the issues.
When you submit your writing assignments, please use the following format for the document name:
[Last name][First name][Writing Group Number][Number of class for which assignment is due][Short description of assignment]
So, if I was in Writing Group 1 and was turning in the assignment for the second class on questions relating to Service of Process under the FRCP readings, the document would be named:
KlermanDaniel12ServiceFRCP
Using this naming convention will make it much easier for the TAs to keep track of your assignments. For the number of the class, see the first column of the Class Schedule and Materials chart above. The relevant class/number is the class when the assignment is due, not the class when it was assigned.
Writing assignments should be submitted in Microsoft Word format by 1:45PM to Blackboard. That is, writing assignments are due 15 minutes before the class where we will discuss the answers. To submit through Blackboard, log on to Blackboard through the my.usc.edu portal or by typing blackboard.usc.edu in your browser’s address box. Select the course (Civil Procedure), navigate to “Assignments” (left-hand navigation pane), and locate that day’s writing assignment, which can be found after all the quizzes. Upload your assignment in Microsoft Word format and click “Submit.” You may receive a confirmation email at your @usc.edu address, and you can confirm the assignment was submitted successfully by returning to the Assignments page on Blackboard.
You may discuss the questions with classmates (and, indeed, I encourage you to do so), but assignments must be written up independently. You may not consult persons who have taken Civil Procedure before. You may not research any of the assignments. You must do them solely by consulting class materials. The only other source you may consult is a legal dictionary or regular dictionary. You may NOT use the internet to research the law or find cases that you think are relevant. You may not consult any materials prepared by me for a prior year’s class nor any materials prepared by former Civil Procedure students. At the bottom of each assignment, please type the following statement:
I have not consulted any materials other than those assigned for this class and a dictionary.
Writing assignments will be read and commented on by one of the class TAs. He or she will also pass along to me papers which s/he thinks either (a) do not show adequate effort or (b) show outstanding understanding of the materials. Grades of those who, in my opinion, submit papers not showing adequate effort may be decreased, while grades of those who, in my opinion, submit outstanding papers may be increased, in accordance with the scoring system described below. You may skip four writing assignments assigned to your group without permission or making them up. In addition to answering questions assigned to your writing group, you are encouraged to answer questions assigned to other writing groups because you will learn by writing out the answers and from the feedback the TA provides. If you turn in answers to questions not assigned to your writing group, you may receive a small amount of extra credit as described below.
Your assignments will receive a grade in the following format:
Total Points / Mandatory Question Points/ Optional Question Points / Outstanding Answer Points / Technical Point / Suggestion Points
So, for example, your grade might be:
15/7/4/2/1/1
Here’s an explanation:
Total Points. This is determined by summing the points described below, except assignments submitted more than 15 minutes late (e.g. after 2PM, the beginning of class) will receive zero total points.
Mandatory Question Points. You receive 7 points for each mandatory question answered in satisfactory fashion. A question is mandatory if it is assigned to your writing group. If one or more of your answers to mandatory questions is outstanding, you will receive additional points (described below), but that will not change the “Mandatory Question Points” part of your grade. If your answer to a mandatory question shows inadequate effort (which is rare), it will be scored as if you had not answered the question at all. If you write one well-reasoned page, as described above, but have not answered all the mandatory questions for your group, you will receive points as if you had answered all the mandatory questions for your group satisfactorily.
Optional Question Points. You receive 1 point for each optional question answered in a satisfactory fashion. A question is optional if it is not assigned to your writing group, but was assigned to another writing group. If one or more of your answers to optional questions is outstanding, you will receive additional points (described below), but that will not change the “Optional Question Points” part of your grade. If your answer to an optional question shows inadequate effort, it will be scored as if you had not answered the question at all.
Outstanding Answer Points. For each question (whether mandatory or optional) that you answer in an outstanding way, you will receive two points. The TAs are instructed to give count as “outstanding” only the best answers to a question. Also, answers to questions that are easy (and therefore that nearly everyone answers equally well) cannot count as “outstanding.”
Technical Point. You will receive 1 point if your assignment, as turned into Blackboard before 1:45 the day it is due, follows all of the instructions mentioned in the “Writing Assignment” section of this webpage, including: (a) it includes the mandatory statement described above — “I have not consulted any materials other than those assigned for this class and a dictionary,” (b) it was submitted to Blackboard with the document name in the form described above, (c) it was submitted in MS Word, (d) it was submitted under the correct Blackboard assignment, and (e) it was submitted by 1:45PM. Otherwise, you will receive a zero Technical Points. In addition, if you did not include the mandatory statement described above, the TA grading your assignment will email you to confirm that you did not consult materials other than those assigned for the class or a dictionary. If your assignment was submitted in a format other than MS Word that the TA cannot read, the TA will ask you to resubmit your assignment and to prove that your assignment has not been edited since its original submission. Also, if your assignment was submitted after 2PM (that is, after class begins), you will receive no credit at all; that is, your Total Points will be zero.
Suggestion Points. If you make a suggestion that results in a change to the class materials– including readings, slides, this webpage, Blackboard quizzes, or model answers– you will earn a point. To earn these points, email me directly at dklerman@law.usc.edu. Do not email the TAs or my assistant. I encourage you to point out typographical errors, infelicitous phrasings, confusing passages, and/or substantive errors, and to suggest corrections or improvements. For each suggestion I accept, I will give you one point. You may make these suggestions at any time up until a week after the final exam. When you email me a suggestion, please put “Suggestion — CivPro” on the Subject line.
So, in the example I gave above, 15/7/4/2/1/1 , the student received 15 total points, because she (a) answered one mandatory question satisfactorily (7 points), (b) answered four optional questions satisfactorily (4 points), (c) answered one question in an outstanding fashion (2 points), (d) turned in a paper with the required statement to Blackboard with the required document name in MS Word format by 1:45PM (1 point), and (e) made a suggestion that I found helpful (1 point).
Grading
Your grade will be determined primarily by your exam grade. Writing and compliance with other class policies will affect your grade in the following way:
A. If you meet the following criteria your final grade will at least equal your exam grade.
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- You completed all mandatory questions in a satisfactory and timely way, except the 4 assignments you are allowed to skip without penalty, and,
- You received a Technical Point for all of your assignments, except at most seven (the 4 you are allowed to skip plus 3 additional ones where you might forget something), and
- You emailed my assistant, Hannah Pae, hpae@law.usc.edu, in timely fashion when you were absent or unprepared for class, and
- You completed all Blackboard quizzes in timely fashion and got at least 80% correct, except 10 questions that you are allowed to skip without penalty. Note that students can retake a Blackboard quiz up to class time to improve their grade, so getting 80% correct should be very easy.
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B. If you meet the following criteria, your final grade will be 0.1 lower than your exam grade:
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- You did not complete all mandatory assignments in a satisfactory or timely way, even taking into account the 4 assignments you are allowed to skip without penalty, or
- I called on you in class on a day you had not emailed my assistant, Hannah Pae, in advance, and you were not present or clearly unprepared, or
- You failed to complete all Blackboard quizzes in timely fashion or get less than 80% correct, taking into account the 10 questions you were allowed to skip and your ability to retake quizzes.
- C. If you meet the following criteria you MAY receive a final grade 0.1 higher than your exam grade:
- You meet all the requirements set out in (A) above.
- Your writing was superlative as measured by Total Points as explained in the Writing Assignments section above. This means you turned in many optional assignments, many of your answers were outstanding, and made many valuable suggestions.(a) Note that, because of the curve, the number of students who will receive a final grade 0.1 higher than their exam grade must equal the number of students who receive a final grade 0.1 less than their exam grade. Because, based on my experience with prior classes, the number of students who will received a final grade 0.1 less than their exam grade is likely to be small, the number of students who receive a final grade 0.1 more than their exam grade is likely also to be small. That is, only students who turn in well above the average number of optional and/or outstanding answers will receive a final grade 0.1 more than their exam grade.(b) Note also that, even if you do not earn 0.1 extra points on your final grade, doing the optional questions and doing outstanding work is beneficial to you for several reasons:
- It helps you learn the material, participate more effectively in class, do better on the exam, and be a better lawyer.
- When writing recommendation letters for clerkships and other purposes, I take into account and often discuss the number of optional and outstanding answers you wrote. Outstanding answers are sign of good writing, which many judges and other employers value. In addition, completing many optional answers is a sign of a strong work ethic, good time management, and zeal to learn the law, all of which judges and other employers value.
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Limited Circulation of Class Materials
Class materials, including model answers, PowerPoint Slides and audio recordings, are for use by Fall 2020 Civil Procedure students only. You may not share them with future Civil Procedure students or anyone else. Doing so would be a violation of both USC Law School rules and copyright law. The purpose of this policy is to preserve my ability to reuse some questions in future classes. If model answers, PowerPoint Slides, audio recordings, or other class materials are shared with next year’s class, students with access to those materials will have an unfair advantage and will be deprived of the benefit of working out the answers themselves.
Reading Ahead
I do not recommend reading ahead, because each reading builds upon the prior class’s discussion. So, if, for example, you try to do both Tuesday’s and Thursday’s readings over the weekend, you will not be able to fully comprehend Thursday’s readings, because you will not yet have had the benefit of Tuesday’s class discussion. If you have extra time, I suggest you review rather than read ahead. If, because of special circumstances, you need to read ahead, please let me know and I will give you the assignment in advance. If your need to read ahead is related to a disability for which confidentiality is desired, please contact the appropriate administrator so that your request can be transmitted to me anonymously.
Research
Unless specifically stated, I neither expect nor encourage you to do legal research when preparing for my class. Legal research is a very important skill, but it is not a significant part of this class. When I assign questions, I expect you to answer them based on class materials. Even when I give you a question that is based on a real case, I discourage you from trying to find the case upon which the question was based. I discourage research for three reasons. (1) I may have changed the facts of a case, so the reasoning in the case may not be applicable to the question I have asked. (2) In class, I am seldom looking for a single right answer. Rather, I am hoping that you will discover several plausible ways of analyzing the legal issue. If you find a case on point, you may find one plausible answer to my question, but not other plausible answers. (3) The key goal of this class (and most of your legal education) is to help you learn how to make good legal arguments on your own. If you find legal arguments through research, you won’t develop the skills you need to formulate your own legal arguments. For similar reasons, I discourage you from trying to consult materials from prior years of my class (and former students are forbidden to share them with you).
Prof. Klerman’s Assistant, Hannah Pae
Email: hpae@law.usc.edu
Phone: (213) 740-2548
Office: Rm. 465
Note that Hannah Pae is not a law student. She is a full-time USC employee. In some places, she might be called a secretary.
Recordings
Recordings of every class will be posted on Blackboard soon after the relevant class has ended.
Laptops and Other Screens
Devices with screens — laptops, tablets, cellphones, eReaders, iPads, Kindles, and similar devices — may not be used during class for notes or for any other purpose. While in class, please focus on thinking, not note taking. To make most note taking unnecessary, I will distribute my PowerPoint slides and post an audio recording of each class. [Not relevant on account of COVID.]
Lunches
I will be organizing lunches with small groups of students. Sign-up sheets will be available in class. Lunches are in Rm. 106 or 431 (Dean’s Dining Room, near the southeast corner of the building) and will usually take place starting at 12:15. Discussion need not be limited to Civil Procedure. In fact, I hope it’s not. To preserve an informal atmosphere, I will limit lunch to 10 students. Please bring your lunch or purchase it before 12:15PM. [I will figure out another way to meet informally with you.]
Basic Information
This webpage is the course syllabus.
Course Title and Number: Civil Procedure, Law 502
Units: 4
Term-Day-Time: Fall 2020, Tuesdays & Thursdays, 2-3:50PM
Location: zoom
Prerequisite(s); co-requisites, or recommended preparation: None
Required and optional materials: See First Assignment
Description and Assessment of Assignments, Grading Breakdown: See “Writing Assignments” and “Grading” above.
Statement on Academic Conduct and Support Systems
[This is an official USC statement, not written by Professor Klerman]
Academic Conduct:
Plagiarism – presenting someone else’s ideas as your own, either verbatim or recast in your own words – is a serious academic offense with serious consequences. Please familiarize yourself with the discussion of plagiarism in SCampus in Part B, Section 11, “Behavior Violating University Standards” https://policy.usc.edu/scampus-part-b/. Other forms of academic dishonesty are equally unacceptable. See additional information in SCampus and university policies on scientific misconduct, http://policy.usc.edu/scientific-misconduct.
Support Systems:
Student Counseling Services (SCS) – (213) 740-7711 – 24/7 on call
Free and confidential mental health treatment for students, including short-term psychotherapy, group counseling, stress fitness workshops, and crisis intervention. https://engemannshc.usc.edu/counseling/
National Suicide Prevention Lifeline – 1-800-273-8255
Provides free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, 7 days a week. http://www.suicidepreventionlifeline.org
Relationship & Sexual Violence Prevention Services (RSVP) – (213) 740-4900 – 24/7 on call
Free and confidential therapy services, workshops, and training for situations related to gender-based harm. https://engemannshc.usc.edu/rsvp/
Sexual Assault Resource Center
For more information about how to get help or help a survivor, rights, reporting options, and additional resources, visit the website: http://sarc.usc.edu/
Office of Equity and Diversity (OED)/Title IX compliance – (213) 740-5086
Works with faculty, staff, visitors, applicants, and students around issues of protected class. https://equity.usc.edu/
Bias Assessment Response and Support
Incidents of bias, hate crimes and microaggressions need to be reported allowing for appropriate investigation and response. https://studentaffairs.usc.edu/bias-assessment-response-support/
Student Support & Advocacy – (213) 821-4710
Assists students and families in resolving complex issues adversely affecting their success as a student EX: personal, financial, and academic. https://studentaffairs.usc.edu/ssa/
Diversity at USC – https://diversity.usc.edu/
Tabs for Events, Programs and Training, Task Force (including representatives for each school), Chronology, Participate, Resources for Students
Help with Basic Needs
https://studentbasicneeds.usc.edu/
If you are experiencing food insecurity
https://studentbasicneeds.usc.edu/resources/food-insecurity/
If you are experiencing housing insecurity
https://studentbasicneeds.usc.edu/resources/housing-insecurity/
If you are experiencing financial insecurity
If you need help procuring technology to perform coursework remotely
https://studentbasicneeds.usc.edu/resources/technology-assistance/
We realize attending classes online and performing coursework remotely requires access to technology that not all students may possess. If you need resources to successfully participate in your classes, such as a laptop or internet hotspot, you may be eligible for the University’s equipment rental program. To apply, please fill out this form (see link above) and our Student Basic Needs team will partner with you to evaluate your options.