MASSACHUSETTS SCHOOL OF LAW at ANDOVER SYLLABUS FOR CIVIL PROCEDURE AND CONFLICT RESOLUTION -- Fall 2014 Professor Michael L. Coyne

Instructor: Web: Phone: Text:

Professor Coyne - Email: [email protected] Professor Dimitriadis - Email: [email protected] www.mslaw.edu/coyne 978.681.0800 Pleading and Procedure, Hazard, Tait and Fletcher. READ AND BRIEF THREE CASES FOR EACH AND EVERY CLASS, UNLESS TOLD OTHERWISE.

Class Times: Monday & Wednesday 9:00 a.m. - 10:20 a.m.; Friday 2:00 p.m. - 3:20 p.m. Monday & Friday 6:00 p.m. - 7:20 p.m.; Wednesday 9:00 p.m. - 10:20 p.m. On Fridays from 5:00 - 6:00 p.m. Professor Dimitriadis will be available in Room 206 for additional questions or guidance. Scope: Federal and State Court Systems and the Rules of Civil Procedure You are required to make an oral presentation of approximately 5 minutes on a topic which will be assigned to you at the end of October. This presentation will be made with an assigned partner and involve property and civil procedure and conflict resolution. You will prepare a complaint that would be accepted for filing in a federal court. You will also take an examination during finals in December. Interesting Links: www.adr.org -- Intro on ADR www.govstartpage.com -- Federal Court Locator and other interesting things www.law.cornell.edu -- Source for law www.uscourts.gov -- U.S. Federal Courts Home Page Course Objectives:

The objective of this course is to have the student thoroughly familiar with the federal and state court systems and the rules of procedure 1

that are used in those systems. The student will master this material in order to be better advocates, to better serve their client’s interests and to be excellent problem solvers and litigators. Grading Criteria:

The midterm examination, oral presentation, lack of class participation and final examination will all contribute to your final grade in this class. This is your first step in the legal profession and you are expected to be fully prepared, professional and respectful to each other, and to the faculty and staff.

ASSIGNMENTS DUE FOR EACH CLASS Class 1 August 18:

The Methods of Resolving Disputes. The Methods of Conflict Resolution are: Federal Court Litigation, State Court Litigation, Negotiation, Minitrial, Fact Finding, Settlement Conference, Private Judging, Conciliation, Multi-door Courthouse Center, Mediation, Arbitration, Early Neutral Evaluation, Dispute Review Board, Cooperative Law, Summary Jury Trial, Partnering, Facilitation, Med-arb, and Bucking-up. Please EMAIL me your thoughts on the five most important concepts in resolving disputes. Please refine these concepts to one or two words which would constitute the five "Do's and Don'ts" of conflict resolution. Please rank these in order of importance so that your first of the five "Do's" is the concept you believe to be the most important concept in conflict resolution. Overview of the rules, procedure and court system for conflict resolution. An introduction to the adversary system (End of Chapter One). Remedies and damages issues.

Class 2 August 20:

Weinberger v. Romero Barcelo Seffert v. Los Angeles Transit B.M.W. v. Gore Chapter 2

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Class 3 August 22:

Class 4 August 25

Defenses and Due Process Rule 12 and Rule 4 U.S. v. Kubrick Skip Fuentes Connecticut v. Doehr Commonwealth v. Olivo

Costs and attorneys fees. How does the cost of litigation affect access to the process and a just resolution of a matter? What cost effective alternatives are available for people to resolve their disputes? Van Haarken Evans v. Jeff D. City of Burlington v. Dague 505 U.S. 557, 112 S.Ct. 2638 (1992) Skip Lassiter

Class 5 Aug. 27 & 29

Chapter 3 Choosing the proper court. How does the choice of jurisdiction affect the outcome of cases? For this class and from this point on until you receive the schedule for the final month of our class, you should read and brief the 3 cases that follow in sequence from the last case we discussed in our previous class.

September 1, 2014

Labor Day -- Off

September 3 & 5

Introduction to personal jurisdiction and the modern standard for personal jurisdiction.

Week of September 8:

Multiple choice questions, absent defendants, notice and jurisdictional issues.

September 13-Saturday:

11:30 a.m. to 1:00 p.m. Review chart.

Week of September 15:

Subject Matter Jurisdiction. Federal Question, Diversity and Removal Jurisdiction as a basis to be in Federal Court.

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Week of September 22:

Venue

Week of September 29:

The Erie Problem.

Week of October 6:

Pleading Issues.

October 13:

Columbus Day Holiday--OFF.

October 15:

Civil Procedure Review.

October 17:

Midterm Examination.

Week of October 20:

Complaints, parties, and responses.

Week of October 27:

Joinder, impleader, intervention and complaint exercise.

Week of November 3:

Discovery, including electronic discovery, Summary Judgment and motions after verdict.

November 10 and 14:

Finish Summary Judgment and motions after verdict and discuss prior adjudication.

November 12:

Work with partner on presentation.

November 17

Interdisciplinary Skills Presentations.

November 19:

ADR.

Week of November 24:

Other actions pending and miscellaneous matters.

November 27 and 28:

Thanksgiving Break.

December 1:

Review and Questions.

R:\My Files\CivilProcedure\CivProSyl2014.Fall.doc

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Professor Coyne – Civil Procedure Overview Subject Matter Jurisdiction Personal Jurisdiction Venue

Joining parties Rules 19, 20, 21 Class actions Rule 23 Interpleader Rule 22 Verified Complaints/Affidavits are Required for Injunctive Relief

Complaint Rule 38 Demand Jury Trial Right Clear and Concise Statements of Fact Not Conclusions of Law Rule

Rule 8(c) 9 10 11

Service Rule 4 Due Process No Answer Rule 55 Default Judgment

12 13

Motion to Dismiss Rule 12(b)(6) Tests Complaint On Its Face If Matters Outside Complaint Are Looked At Treated as SJ (56)

Allowed

Answer

Affirmative Defenses Capacity Form Signing of Pleadings Requires Good Faith Permitted Defenses Counterclaims and Crossclaims

Interrogatories Rule 33 (Parties Only)

Judgment

Production of Documents Rule 34 Parties Only Physical or Mental Exams Rule 35 Parties or Agents of a Party

Discovery Scope Rule 26 Summary Judgment Rule 56 – No Material Facts in Dispute Therefore Judge Determines How Law is Applied

Requests for Admissions Rule 36 Limited to Parties Only

Depositions, Rule 30 Also 27, 28, 29, 31

TESTS PROOF Rule 48 – Unanimous Jury Or Majority (MA 5/6 Civil Action)

Rule 49 Jury Ints or Special Verdicts

Allowed

Trials Plaintiffs Production of Proof Liability and Damages Preponderance of Evidence/ Clear and Convincing Evidence/ Beyond a Reasonable Doubt

Denied

Rule 51 Jury Instructions

Sanctions Rule 37 For Failing to Cooperate In Discovery Including Judgment

Rule 50 Judgment as Matter of Law Prior To Jury Verdict

Rule 50 Judgment as a Matter of Law After Verdict is Rendered

JUDGMENT OR DISMISSAL G.L. c. 234 § 34A Civil Jury Verdict Needed Not be Unanimous

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Rules 1-16 Pleadings 17-25 Parties 26-37 Discovery

Rules 38-53 Trials 54-60 Judgments 61-End Post Judgments and Special Reliefs

Preponderance of the Evidence – More Likely than not what the plaintiff is saying is true.