Circuit Map.PNG

We will meet in person this weekend! It has been a long time since we have been together physically, and I am really looking forward to being with you all again soon. My advice for and after this weekend is to draw out every problem I assign. And when you don't understand a problem, try it again.

We will dedicate this weekend to some very technical issues of the choice of forum and the choice of law.

First, we will discuss appellate jurisdiction. On the map above, you can see the circuits the United State Courts of Appeals are divided/allocated into. In this course—and throughout your entire time in law school, for that matter—, you read cases that are mostly written by appellate court judges. But what does it mean for a case to be "appealed"? How do cases get to an appellate court and how do those courts review what the lower courts have done? Where does such a case go and how does it get there?

Then, we will turn to removal and remand, aka removal jurisdiction. In certain circumstances, defendants can remove cases from state to federal courts, if the federal courts would have had original jurisdiction in the matter.

Finally, we will examine supplemental jurisdiction, regulated in 28 U.S.C. § 1367. The statute looks short and may seem straightforward, but it packs a punch. We will work to understand the statute, to see its shortfalls, and then to practice, practice, practice how to use it. For instance, you will practice in your groups by solving a group problem during class. You will also complete two additional exercise in-class discussions—one on supplemental jurisdiction and one on subject-matter jurisdiction (as the latter forms one of the bases of the former).

This was the choice of forum part of the weekend. What about the choice of law? This question is governed by the Erie doctrine. This doctrine can be complex and confusing, and is thus mostly discussed in advanced Civ Pro courses. Prof. Chon, who teaches the daytime JDs, has shared three videos where she explains the Erie case and the Supreme Court's decision and rule in that case. We won't discuss the Erie doctrine in our class, but you can have an OPTIONAL look at the asynchronous material after (or, if you have time, before) this weekend.

We will also take a few minutes to complete an evaluation of the course up to now. This is tour chance to provide feedback on both the asynchronous materials and the synchronous teaching. Do you want me to change my general approach? Would you like to hear more or less cases? Discuss more or less doctrine? Solve more or less practical exercises? By the way: Your needs and wishes might perfectly have changed from the last evaluation (during the second in-person weekend) to today! I will read and evaluate all your feedback and then adapt our course in consideration of what the majority of you opines.

Asynchronous Work—Due Saturday, Nov. 1

Complete at any time before our class on Saturday:

Re Appellate Jurisdiction:
- Read LCP 753-68 and 776.
- Read 28 U.S.C. §§ 1291, 1292(a), & 1292(b).
- Read FRCP Rule 54(b)
- Watch the Appellate Jurisdiction Video and complete the Embedded Quiz.
- Complete the separate Appellate Jurisdiction Quiz.
- OPTIONALLY, after completing the material, you can watch and review the Appellate Jurisdiction Review Video, Outline, and PPT.
Re Removal Jurisdiction:
- Read LCP 71-79 (Removal and Remand).
- Read 28 U.S.C. § 1441.
- Watch the Removal and Remand Video and review the Removal and Remand PPT.
- Complete the Removal and Remand Quiz.
Re Supplemental Jurisdiction:
- Read LCP 54-71 (Supplemental Jurisdiction).
- Read 28 USC § 1367(a) & (b).
- Watch the Supplemental Jurisdiction Introduction Video and complete the Embedded Quiz.
- Complete the separate Supplemental Jurisdiction Check-In Quiz.

In-Person Weekend on Saturday, Nov. 1, at 11:20 am-5:30 pm

During class:

In your assigned groups,c omplete the Supplemental Jurisdiction Additional Exercise.
- OPTIONALLY, after class, you can watch the Supplemental Jurisdiction Additional Exercise Video to check your answers.

OPTIONALLY after class:

OPTIONALLY, complete the Allapattah Reading Assignment. You CAN, IF YOU WISH:
- First, take the Pre-Allapattah Quiz.
- Then, read Exxon Mobil v. Allapattah Services, Inc.
OPTIONALLY, study the Erie doctrine. You CAN, IF YOU WISH:
- Read LPC 193-250.
- Watch the Erie Videos Part I, Part II, and Part III.
- Review the Erie PPT.

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