Civil Procedure

  • This Subject Area Index lists all CALI lessons covering Civil Procedure.
  • The Civil Procedure Outline allows you to search for terms of art that correspond to topics you are studying to find suggestions for related CALI Lessons.
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Statutory Interpretation

This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes.  Statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge.

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Jurisdiction and Venue

This lesson has been revised to reflect the December 1, 2006 amendments to the Federal Rules of Civil Procedure, as they were re-written effective December 1, 2007.

The student is asked, in this exercise, to answer questions about whether a hypothetical action could be brought in various fora.

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Rule 12 Motion Practice

Motion practice under Fed. R. Civ. P 12. This lesson explores the range of motions available under Rule 12 and the consequences of omitting a Rule 12 defense from pleadings or motions.

Learning Outcomes
On completion of the lesson, the student will be able to:
1. Explain the nature of the defenses that can be raised in a Rule 12 motion.
2. Explain the appropriate motion for each defense, and the consequence of omitting certain defenses from a motion or pleading.

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This lesson teaches and reviews the concept of venue, both generally and under federal law. There is also a brief discussion of venue under state law and common law.

Learning outcomes
On completion of the lesson, the student will be able to:
1. Analyze venue in federal court using the general federal venue statute.
2. Explain some common special situations in which the general statute does not provide the answer.
3. Explain that the analysis of venue statutes other than the general venue statute may be unexpected and require creative arguments.

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Removal and Remand: The Basics

This lesson is designed to help students understand the basics of three statutes that govern the removal of civil actions from state to federal court: 28 U.S.C. § 1441 (removal of civil actions), § 1446 (removal procedure) and § 1447 (procedure after removal). It consists of both explanatory text and problems and is divided into three sections. Students can complete all three sections at the same time or do each section separately.

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Discovery: Relevance and Proportionality

This lesson is part of a series of lessons about Discovery, under Rule 26(b) of the Federal Rules of Civil Procedure. This lesson will explore the two main components of discovery relevance: logical relevance and proportionality.

You can do the Discovery lessons in any order, although it might make the most sense to start with this lesson before exploring the ones about exemptions from discovery such as attorney-client privilege and the work product doctrine.

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Discovery Privileges: Work Product

This lesson is part of a series of lessons about Discovery. Rule 26(b) of the Federal Rules of Civil Procedure describes the scope of discovery: This lesson will explore the doctrine of attorney work product. Material that falls under the work product doctrine ordinarily need not be produced in discovery, even if it is extremely relevant.

You can do the lessons in this Discovery series in any order, but it may make more sense to start with the relevance lesson before moving on to the lessons that explore the discovery privileges.

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Discovery Privileges: Attorney-Client Privilege

This lesson is part of a series of lessons about Discovery. If something is privileged, then, it is not discoverable even though it is relevant and proportional.

This lesson will explore the doctrine of attorney-client privilege in the context of civil discovery in federal court litigation. Communications protected by the privilege are not discoverable, even if they are extremely relevant.

You can do the lessons in any order, but it might make more sense to do the one on Discovery Relevance before exploring this lesson or the lesson on the work product doctrine.