Civil Procedure

Civil Procedure I is an introduction to procedures employed by state and federal courts for resolution of civil disputes. The course investigates the process of forum selection, the rules implementing the requirement of notice and an opportunity to be heard, the pleadings stage of litigation, the discovery process, and the summary judgment mechanism as a device for terminating litigation prior to trial. The advanced course, Civil Procedure II, is offered to 2L and 3L students and continues the chronological study of civil litigation through the appellate process.

Child and Family Justice Clinic

Please see professor for course description.

Constitutional Rights

This course involves an in-depth inquiry into the building blocks of civil rights law; freedom of expression (speech and press), equal protection, due process, and religious freedom. There will be discussion of litigation strategy and the decision-making processes of the U.S. Supreme Court.

Evidence

The course will consider the principles of law and rules governing the admissibility of testimonial and documentary proof in civil and criminal trials, including the concept of relevancy, the use of demonstrative evidence, direct and cross-examination of witnesses, impeachment of credibility, expert testimony, and hearsay. Traditional case materials, the federal rules of evidence, problems, and simulations will be employed to illustrate evidentiary concepts.

Evidence and Trial Practice

This course will focus on trial procedure, evidence, and trial skills utilizing:

1. lectures and class discussions on the principles of evidence and trial skills;
2. demonstrations of trial skills;
3. practice sessions in which each student performs various exercises to learn trial skills;
4. individual review with me of videotapes of the trial practice performances; and
5. a mock jury trial.

Each student is also required to complete a trial notebook that is used during the mock trial.

The entire class meets during the week for lectures and/or demonstrations in the scheduled Monday through Thursday morning time slots. The class will also be divided into eight groups containing no more than eight students each. Each of these groups will meet one day from 5:00 to 7:00 p.m. for the trial practice exercises. Approximately sixteen adjunct faculty, consisting of judges and attorneys, will work with the individual groups of students in these trial practice sessions.

The trial practice sessions are scheduled from Monday through Thursday. Each student will be assigned to attend a session on only one of those days. I try to accommodate, if possible, students’ requests to be assigned to a particular day of the week for their small group trial practice session. That means, for example, if a student has other classes on Monday and Wednesday from 5 to 7, I will try to assign her/him to a trial practice group that meets on Tuesday or Thursday.

Students taking this class must also be available for the mock trials on the Saturday before Thanksgiving.

Federal Jurisdiction

This course explores the role of the federal courts, the nature of federal judicial power, its clashes with Congress, and its relationship with state and tribal systems. The course includes coverage of federal civil rights law and immunities, federal court abstention doctrines, the deference given to tribal courts, and the writ of habeas corpus.

Introduction to Constitutional Law

This course is an introduction to the study of Constitutional Law. The focus will be on the structural framework established by the Constitution, including principles of federalism and the role of the Supreme Court in policing the constitutional order. Among other things, we will study the doctrine of judicial review, the reach of federal legislative power, limits on the reach of state power, the workings of the Supreme Court, and separation of powers and limits on the exercise of federal judicial power.

Civil Procedure II

This course continues the analysis (begun in Civil Procedure I) of the procedural stages of a simple lawsuit, considers special problems raised by complex litigation, and explores alternatives to traditional litigation as a means of resolving disputes.

Course topics include: pre-trial conference; judge and jury selection; judgment as a matter of law; jury instructions and form of verdict; findings of fact and conclusions of law; post-trial motions for new trial and renewed requests for judgment as a matter of law; appeal; motions for relief from judgment; collateral estoppel, res judicata and law of the case; joinder, impleader, intervention, interpleader, declaratory actions and class actions; and arbitration. The focus is on the Federal Rules of Civil Procedure, but New Mexico procedural law is also considered throughout the course.