This exercise is in three parts. First, the student surveys the basic law of preclusion (both claim preclusion and issue preclusion) to test and to solidify understanding of the area. The questions explore the elements of the doctrines, such as the requirements of a final judgment and necessary decision of an issue, as applied to various fact situations. Hypertext is available at all times for quick review or checking of the elements. The second part of the exercise becomes more complex as it turns to heavy emphasis on the policies behind issue preclusion. The student analyzes each fact situation from two perspectives: Blackletter Bart, who takes a rule-bound approach to issue preclusion, and Functional Felicia, who takes a policy-oriented approach to issue preclusion. Third, the student answers questions developing the abandonment by the courts of the requirement of mutuality for issue preclusion. Both defensive collateral estoppel and offensive collateral estoppel, from the perspectives of both the plaintiff and the defendant, are analyzed.
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.
This lesson is an advanced exercise in the removal of civil actions from state to federal court. It explores the common strategies plaintiffs employ to thwart removal and the counter-strategies defendants use to defeat plaintiffs' forum choice.
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.
Effective December 1, 2006, the Federal Rules of Civil Procedure were amended to reflect changes in discovery resulting from the electronic storage of information. CALI's lessons do not yet reflect these amendments. As each lesson is revised to reflect the amended rules, the lesson's catalog description will be updated to enable students and faculty to easily tell which lessons include the amended rules.
This lesson covers the basic principles of ethical pleading as required by Federal Rule 11 (it does not cover analogous state rules).
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.
This lesson explores the various ways that a federal court can acquire personal jurisdiction over defendants, both with and without the use of a state long-arm statute.
This lesson is about Rule 50 motions for judgment as a matter of law. The lesson is designed to walk you through the language and elements of the Rule.
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.
This lesson teaches the basic elements of summary judgment under Rule 56.
This lesson covers the basics of both spousal and child support jurisdiction. It is intended as an introduction to the materials and it can also be used for review.
This is a lesson on two types of personal jurisdiction: transient and general. This lesson also covers the important related topic of domicile.
This lesson addresses the enforcement provisions of the child custody jurisdiction statutes. It also addresses the international aspects of child custody enforcement. The lesson should be worked after completing the lesson on Child Custody Jurisdiction.
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.