Civil Procedure II
Archived Posts from this Category
Civil Procedure II #14: Judgment as a Matter of Law Monday, Jun 5 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 2:23 am
Sometimes a plaintiff will fail to meet their burden of production, and as such no rational jury could find for them. In those cases judgment as a matter of law can be awarded. (This was previously known as a directed verdict or judgment notwithstanding the verdict, depending on when rendered.)
Rule 50
Galloway v. United States
Civil Procedure II #13: Seventh Amendment III Monday, Jun 5 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 2:20 am
We conclude our discussion of the Seventh Amendment application to federal civil procedure by examining the historical test of whether an action is legal (requiring right of jury) or equitable (no right of jury). We also briefly discuss jury selection.
Teamsters Local No. 391 v. Terry
Civil Procedure II #12: Seventh Amendment II Saturday, Apr 8 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 7:16 pm
We continue examining the Seventh Amendment by applying it to three cases. These cases will hopefully give us an outline of when the right to jury trial is present and when it is not.
Dairy Queen, Inc. v. Wood
Curtis v. Loether
Tull v. United States
Civil Procedure II #11: Seventh Amendment I Saturday, Apr 8 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 7:12 pm
We now turn to the Seventh Amendment, and with it the right to trial by jury. We will discuss the role of juries, jury nullification, the distinction between law and equity, and other topics.
The Seventh Amendment
Beacon Theatres, Inc. v. Westover
Comments Off
Civil Procedure II #10: Summary Judgment II Saturday, Apr 8 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 7:07 pm
We conclude our discussion of summary judgment by seeing it applied in two decisions.
Arnstein v. Porter
Dyer v. MacDougall
Civil Procedure II #9: Summary Judgment I Wednesday, Apr 5 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 4:52 pm
What is summary judgment, and what are the requirements on a party in order to move for it? Is it a tool of right, or is there a burden on the moving party? If the latter, what burden is there?
Adickes v. S.H. Kress & Co.
Celotex Corp v. Catrett
Rule 56
Civil Procedure II #8: Discovery IV Wednesday, Apr 5 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 4:48 pm
We conclude our discussion of discovery by looking at the penalties for failing to comply with discovery: sanctions. Outright dismissal is at the severest end of such penalties.
Cine 42nd Street Theatre Corp v. Allied Artists Pictures Corp.
Rule 37
Civil Procedure II #7: Discovery III Tuesday, Mar 28 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 8:45 pm
We’ve all heard of attorney-client privilege, and those communications are immune to discovery. However there is a related protection called the work-product doctrine. We’ll explore that here, as well as briefly explore attorney-client privilege.
Hickman v. Taylor
Rule 26
Civil Procedure II #6: Discovery II Tuesday, Mar 28 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 8:32 pm
Now that we have some discovery tools available, let’s apply them. Diana Ross and one of her former employees will provide us with a case to examine.
Davis v. Ross
Rule 26
Rule 34
Civil Procedure II #5: Discovery I Tuesday, Feb 28 2006
1L and Civil Procedure and Civil Procedure II and Neil Wehneman and University of Cincinnati College of Law 4:32 am
One of the fundamental purposes of the Federal Rules is to have suits be decided on the merits. To that end, extensive compulsory fact sharing is afforded either party under the umbrella term “discovery.” This episode will walk through the discovery mechanisms of initial disclosures, document inspections, interrogatories, depositions, physical and mental examinations, and requests for admissions.
Societe Internationale v. Rogers
Rule 26
Rule 33
Rule 34
Rule 35
Rule 36