Class 8 Message 1-09-07

1. here is revised schedule for our classes - http://abogado.pbwiki.com/civpro-classes

2. here is question # 1 we covered in Class 8 - 1-09-07 - last night

http://mycivpro.pbwiki.com/question-1

here is the suggested answer for question #1

http://mycivpro.pbwiki.com/class8-answer1

3. here is question #2 we covered in Class 8 - 1-09-07 - last night

http://mycivpro.pbwiki.com/question-2

here is the suggested answer to question # 2

http://mycivpro.pbwiki.com/class8-answer2

4. look at FRCP Rule 12- http://www.law.cornell.edu/rules/frcp/Rule12.htm

Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.

5. Read and understand the Erie, Byrd and York tests - they are important to understand - I suggest printing out the below information and reading it over 3-4 times to make sure you understand the original case and how it was modified by York, Hanna, and Byrd cases. You need to know this "cold" for the bar exam.

http://en.wikipedia.org/wiki/Erie_doctrine

6. Please email me, in your own words, your essay for #2 question above, here is the link again

http://mycivpro.pbwiki.com/question-2 - it is OK to look at the sample answer, but make the essay yours.

good luck everyone. call me on my cell phone if you have any questions - 1-818-415-2015 or email me at abogado@pacbell.net or profjordan@gmail.com

see you next class. nice work everyone

Prof J.