Civil Procedure
Professor Howard WassermanSpring 2018
Office: RDB 2065e-mail:
Phone: 348-7482
Section ASection B
Monday/Wednesday, 10:30-11:40 a.m.Monday/Wednesday, 2-3:10 p.m
Friday, 9-10:10 a.m.Friday, 10:45-11:55 a.m.
RDB 2008RDB 2005
Essay Information
Everyone will write one (1) essay during the semester, which will be worth twenty-five (25) points towards the final grade.
There are seven topics. A group of students (8-9) will be assigned at random to one topic. Actual assignments will vary. Some will require you to review and comment on a recent decision, others will require you to review and analyze litigation documents. The problem will be distributed the day we finish a topic and your essay will be due one week later.
The first assignment will be given out approximately 2-3 weeks into the semester. During the second week of class, I will post who will be writing on which topic.
You will need your Spring Exam number from the registrar, which will be available at the beginning of the second week of class.
Directions:
Your essay will bemaximum of1000 words. You must include a cover page containing your Blind ID #, the topic you were assigned, and a certification of the word count and the program used (e.g., “900 Words; Word for Mac 14.3.9”). The cover page does not count against the word limit. The paper must be typed.
Except as otherwise indicated in your specific question, you may cite only to cases, rules, statutes, and other things from the assigned course materials and readings (including everything on the blog and in blog posts and all rules and statutes in your rules pamphlet), as well as the materials provided with the problem (e.g., if you are asked to discuss a new judicial decision, you may review the cases cited in that decision). No other outside research or materials is permitted. Do not do research on Westlaw, Lexis, or any other database (other than to find permissible cases).
You must work entirely on your own. No collaboration, consultation, communication, advising, discussion, or sharing is permitted--whether with me, with another student, with another faculty member, or with anyone else in the known universe from the day the assignment is distributed until all have been turned in.
Writing the Essay:
You should write a good, well-organized, readable essay. Do not use sentence fragments, bullet points, or outlines. Do not cut-and-paste portions of your notes or outline. The key to your grade is your analysis and explanation in reaching a conclusion. Show and explain your work. Good essays should follow a tight CREAC structure: State and explain the relevant legal rules (statute, rule, case, etc.), then discuss and apply the facts you have to those legal rules. Do not waste time and space reciting random facts divorced from the legal framework; discuss the law and discuss the facts in light of the legal rules. Avoid throat-clearing (“the court will hold,” “the plaintiff will argue”); jump into your rule, explanation, and analysis. CREAC is your friend and should be used in organizing your answer.
Read the problem and your assigned question carefully. The questions are designed to examine your grasp of materials we already have covered. Answer only the question asked.
If you are asked to play a particular role (court, attorney for one party or another), write in that role.
Full citations and bluebooking are not necessary. Use a single name in referencing a case, with the name italicized (e.g., Twombly); “FRCP ____” in referencing a rule of procedure; and “§ ____” in referencing a federal statute.
College of Law Academic Policies and Regulations:
This assignment is administered and conducted in accordance with all the provisions of the Florida International University College of Law Academic Policies and Regulations, reprinted in the College of Law Student Handbook. Students are expected to be familiar with and to conduct themselves in accordance with those policies and regulations.