California Civil Procedure (SD 202)
This course examines practical aspects of civil litigation in California, including tactical considerations influencing an attorney's decision to choose state or federal court. Students taking this course will no longer graduate with the unwarranted assumption that state civil procedure operates in lockstep with the federal model presented in their introductory civil procedure course. That is an especially precarious assumption, because both state and federal civil procedure are tested on the California Bar Examination. This course presents a number of fresh concepts not covered in the prior course, that are unique to California practice. It thus reinforces the perspective of the student who wants to review some FRCP basics, and also enter practice with a background for choosing knowledgeably between California's state and federal courts. Its doctrinal component is rooted in the casebook method. Its skills component includes the following: (1) a moot court format-providing each student with the opportunity to argue at least a half-dozen assigned cases during the semester, which augments the overall course grade with oral argument points (5 points); (2) a practical midterm-such as drafting a pleading or a motion, so that students will have a job application writing sample, based on the example provided in the course supplement available in the TJSL bookstore (five points); and (3) a bar-oriented Performance Test final examination (about 50 points)-providing students with a third opportunity to practice like it's real, so that when it's real, it will be like they practiced.
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