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COURSE DESCRIPTION

California Civil Procedure

(Slomanson, 3 units, 28-student cap)

This course examines the practical aspects of civil litigation in California. Students need not graduate with the precarious assumption that Cal Civ Pro operates in lockstep with the model presented in their introductory Fed Civ Pro course. This primarily state-oriented course presents a number of fresh concepts—not covered in the federal course—that are both common in, and unique to, state practice.

Cal Civ Pro serves students who want to:

(a) develop practical experience with oral advocacy, collaborative teaching, professionalism, and legal skills development;

(b) commence civil litigation with a vastly improved understanding of critical practice concepts;

(c) choose knowledgeably between California’s overlapping state and federal judicial systems;

(d) review key comparative FRCP basics; and

(e) better prepare for the testing of state and federal procedure on the California Bar Examination.

Cal Civ Pro’s doctrinal component emerges in a casebook context. The in-class instruction originates with the students, rather than the professor. It is not a rehash of their 1L experience—which focuses on the professor. The professor’s introductory topical videos supplement the substantive learning objectives in this course. Multiple ungraded, end-of-class quizzes promote on-the-spot understanding and long-term memory, in a timelier manner than the typical law school course. Further insight into the professor’s pedagogical approach is available online at .

The skills component of this course features the following modules:

(1)(a) The professor’s daily feedback, in a Law & Motion (moot court) format, yielding multiple opportunities to argue pre-assigned cases and problems. You will exponentially improve your oral presentation skills/confidence, by arguing (and observing) cases presented in front of the class. This module is the basis for graded oral argument [15 points].

(b) Observation of (optional and actual) Law and Motion hearings in Superior Court.

(2) The take-home midterm is a practical drafting exercise—usually a demurrer or motion to strike—which has fulfilled the need for a job application writing sample for a number of students. Practicing attorney presentations, plus sample documents, will assist you with this learn-by-doing drafting assignment [10 points]. On the course Web Page , scroll to CAL CIV PRO, then click Midterm Instructions.

(3) The final examination is a Performance Test (PT), tailored to this course [40–50 points]. In addition to the above midterm PT, the professor will provide:

(a) in-class instruction on how to navigate this form of IRAC-based essay writing; and

(b) former final exam PTs, to clarify expectations. The final exam will be in exactly the same format as the prior exam PTs that will be provided via e-mail. As of 2017, the PT is 14.3% of the California Bar Examination. You can thereby avoid your first encounter with the PT format in bar review—a matter of weeks before the bar examination, which is a rather busy time to stumble upon this feature of the Cal Bar Exam.

These course components will provide students with an ideal opportunity to practice like it’s real, so that when it’s real, it will be like they practiced.

Last rev: 07/15/17

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