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.
Even though the thing speaks for itself, this lesson speaks more about res ipsa loquitur. This tort doctrine becomes an immediate favorite of all who hear its mellifluous name, but the doctrine has several nuances that do not speak so clearly, such as the circumstances when it applies, how common carriers are covered, and how it is conveyed to the jury. This lesson explores all of those nuances.
Rescission is one of the ways in which contractual duties are discharged. This lesson discusses mutual rescission, rescission by one of the parties, and rescission as a remedy used by a court. This lesson may be used to introduce you to the subject or to review it.
This lesson will familiarize students with the use of procedural forms designed to assist in litigation practice.
This lesson provides an introduction to locating and utilizing transactional forms.
This is an introductory lesson on Canadian legal research. This particular lesson treats research techniques and sources from the perspective that you are faced with a case based problem. A second separate lesson treats Canadian legal research from the perspective that you have a statute based problem. The lessons assume no knowledge of the areas, but treat basic research in Canadian federal statutes, administrative material, and cases.
This is an introductory lesson on Canadian legal research. This particular lesson treats research techniques and sources from the perspective that you are faced with a statute based problem. A second separate lesson treats Canadian legal research from the perspective that you have a case based problem. The lessons assume no knowledge of the areas, but treat basic research in Canadian federal statutes, administrative material, and cases.
This lesson will introduce you to methods of finding and updating federal executive orders. It assumes no prior knowledge of the subject, and is therefore appropriate for any student or legal professional who needs to learn how to research federal executive orders. Knowledge of the C.F.R. and the Federal Register is helpful for understanding this lesson.
The purpose of this lesson is to provide an introduction to customary law systems and to offer suggestions for researching the laws of countries where customary law is still being practiced.
This lesson will introduce you to the civil law tradition and discuss research in civil law historical sources. The lesson covers the five major types of world legal systems, explains the current and historical sources of the civil law, and discusses the importance of historical sources in civil law research and interpretation.
This lesson will acquaint you with the sources of international environmental law, and give you strategies for researching it.
This lesson introduces strategies and resources for researching state and federal judges. After completing this lesson, you will feel comfortable researching a judge's educational and professional history, scholarship, prior opinions, and other courts and judges they most frequently cite. It will be useful for prospective and current judicial clerks, law firm summer associates, paralegals, and practicing attorneys.
This lesson will introduce the student to researching legal ethics.
This lesson will assist the student both in reviewing effective legal research techniques and learning something about Social Security disability, an area of law not often studied in law school. To accomplish this the student will examine a real life fact scenario in order to navigate the primary and secondary resources in this area.
This lesson will provide students with some general background on U.S. immigration law and will give an overview of tools students can use for immigration law research. Students should have a fundamental knowledge of legal research tools but do not need to have any background in immigration law to proceed with the lesson. The lesson would work best while also taking a class about immigration law.
This lesson will explain uniform laws and model codes. It provides an overview of how uniform laws and model codes are created and shows researchers how to locate uniform laws and model codes, drafters' commentary, state versions of uniform laws and model codes, and cases interpreting them.
This lesson explores the remedy of restitution, which can be available both where there is no contract and where there is a contract and the non-breaching party chooses an alternative to the expectancy measure of damages. The lesson can be run either as an introduction to restitution or as a review after you have completed your study.
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 introduces students to the concepts of ripeness and mootness. This lesson is geared to students who have studied these concepts in class (perhaps some time ago in their constitutional law classes) and wish to delve into the subject more deeply.
This lesson takes a look at the treatment of damaged and destroyed goods and how the U.C.C. allocates the risk of loss for such occurrences. Since casualties to goods do occur, there must be a mechanism for determining which party will suffer the loss. The party which will suffer the loss is said to bear the risk of loss of the goods. This lesson sets out the basic rules for determining which party bears the risk of loss in sales transactions in cases where there is no breach (UCC 2-509) and examines the effect of breach on the allocation of risk (UCC 2-510).
This lesson deals with the respective roles of judge and jury in deciding a torts case. It considers the procedural devices used (primarily by defendants) in an attempt to keep the case away from the jury and to provide the basis for an appeal.
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.