Civil Litigation

Students interested in a career in civil litigation need to master a set of concepts and a set of skills. The concepts include the way in which conflicts are framed for courts, the stages through which litigation goes, the division of power among the various decision-makers in the legal system and between the state and federal courts, the territorial limitations on the exercise of judicial power, the principles that define the consequences of a decision once a court has finished with a case, and the special opportunities and problems of litigation involving multiple disputants as well the ways in which our beliefs about fairness (in particular those embodied in the U.S. Constitution) shape the design of the process, the doctrines, rules and policies governing the demonstration of facts in court. The skills include fact analysis, conducting direct and cross examinations, making opening statements and closing arguments, using exhibits, and making and responding to evidentiary objections. Litigators also need to be well versed in alternative methods of dispute resolution. Students interested in civil litigation may wish to explore appropriate externship possibilities.

This is a course about the processes that courts follow in deciding disputes in noncriminal cases. It deals with the way in which conflicts are framed for courts, the stages through which litigation...

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D. Marcus S. Yeazell

In 1991, Professor Judith Resnik argued that the federal courts no longer decided “cases” but instead managed “litigation.” An international marketplace and a broad-based consumer society have made...

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P. Bergman I. Eagly L. Levenson J. Mnookin P. Reich E. Scallen P. Wonsowicz

This course examines the law governing the admission of evidence, focusing on the Federal Rules of Evidence (and to a lesser extent the California Evidence Code), related case law, and federal...

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R. Re J. Varat

This course addresses the constitutional and statutory provisions, as well as the judicially-created doctrines, that shape and limit the role that federal courts play in our system of government. It...

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B. Emerson J. Michaels

This course is an introduction to the legal, normative, and organizational principles that undergird the administrative state. We will study the sources of law for agency action and examine the ways...

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K. Eichensehr D. Lowenstein

Many of the rules that govern the modern legal order come from statutes enacted by legislatures and from regulations issued by administrative agencies. While most law school classes focus on case...

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S. Schultz

This course will survey a broad array of California civil procedure topics, including topics which may be tested on the California Bar Exam. Because a study of civil procedure requires extensive...

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D. Marcus S. Yeazell

Traditional first-year civil procedure courses provide students with a basic legal orientation necessary to understand civil litigation. But much of what determines outcomes in the American civil...

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D. Marcus

This course will introduce students to the procedural regulation of impact litigation brought in the public interest. Public interest litigation regularly raises a number of complex procedural...

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C. Kuhl

For two weeks, look at civil procedure through the eyes of a judge. Do federal and state rules of civil procedure as they exist serve the goals of the litigation process? Or do they retard dispute...

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