How to write a civ pro exam?

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941law
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Joined: Wed Aug 24, 2011 9:21 am

How to write a civ pro exam?

Postby 941law » Wed Dec 12, 2012 2:58 pm

I feel as if I know when/how to start answering a question for other classes, but not so much for Civ Pro. Going off notes/outline:

Is there a statute? Then start Con analysis. Minimum contacts analysis. Then go through Notice, etc..

Any guidance would be awesome.

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ph14
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Re: How to write a civ pro exam?

Postby ph14 » Wed Dec 12, 2012 2:59 pm

941law wrote:I feel as if I know when/how to start answering a question for other classes, but not so much for Civ Pro. Going off notes/outline:

Is there a statute? Then start Con analysis. Minimum contacts analysis. Then go through Notice, etc..

Any guidance would be awesome.


I liked organizing by big issues: subject matter jurisdiction, personal jurisdiction, forum non conveniens, transfer, class certification, etc.

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941law
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Re: How to write a civ pro exam?

Postby 941law » Wed Dec 12, 2012 3:13 pm

ph14 wrote:
I liked organizing by big issues: subject matter jurisdiction, personal jurisdiction, forum non conveniens, transfer, class certification, etc.


That's what makes the most sense to me as well. It would depend on the question I suppose, if certain topics even needed to be addressed.

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2014
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Re: How to write a civ pro exam?

Postby 2014 » Wed Dec 12, 2012 3:52 pm

If you are talking about an issue spotter I think the most logical thing to do is to go in order of how the trial goes.
I.e:
Is there jurisdiction?
Was notice given?
Was service sufficient?
Were any 12b's filed or necessary?
Was the complaint sufficient?
Was an answer filed?
Were any amendments filed? Should they be?
If so do they relate back and does it matter or is statute of limitations not a thing?
Is a pre-discovery summary judgment or 12c appropriate?
Discovery issues

etc etc

Obviously that isn't exhaustive and not all of those will be issues but you just go down the line and discuss all interpretations of the issues in the order they would come up in trial.

That's how I did it at least.




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