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It 218 Week 6 Assignment Ch

Civil Procedure Assignments & Notes

LAW 5301 (4 credits)
Professor Pedro A. Malavet

 

Week One: January 12-13

Week Two: January 20

Monday, January 19, is the Rev. Martin Luther King holiday and we will not meet on that date; additionally, I will NOT teach on Friday, January 23, which is a legislative Monday

Topic/Pages 

Chapter II: The Costs and Rewards of Litigation—Remedies and Related Issues

Prejudgment Seizure: Fuentes v. Shevin, US Const. Am. 14, 27-42

Prejudgment Seizure: Mitchell v. WT Grant, North Georgia v. Di-Chem, 42-50

Friday, January 23, is a "legislative Monday" to make up the sessions that would have been taught on the Reverend Martin Luther King Holiday. I will not teach on this date. I will make up these two hours with a review session at the end of the semester.

Week Three: January 26-27

Topic/Pages 

Prejudgment Seizure: Conn. v. Doehr, 50-67

Postjudgment Remedies: Damages,Carey v. Piphus, FRCP 65, 67-84

Postjudgment Remedies: Equity,Smith v. Western Electric, 84-98

The Cost of Litigation: "Costs" & Attorneys Fees, Venegas v. Mitchell, FRCP 54, 28 USC § 1920, 98-108

Week Four: February 2-3

Topic/Pages 

Chapter III: Pleading

Introduction: Gillispie v. Goodyear,FRCP 1, 2, 8(a), 12(b), US Const. Am. 14, 121-131

Please note that my graphic on pleading is posted at the start of this notes file.
[Click Here]

Specificity, US v. Bd. of Harbor Commissioners, consistency and honesty: McCormick v. Kopmann, FRCP 7(a), 8(a), 12(b), 12(c), 12(e), 12(f), 42, 131-142 (The cases are very short)

Sanctions: FRCP 11, Zuk v EPPI, Note that Zuk v. Psychiatric Institute, is a new case, FRCP 11(a), 11(b) ("Safe Harbor"), 11(b)(3), 11(c), 54(d)(1), 143-156

  1. Legal Sufficiency of Claims, Mitchell v. Archibald & Kendall, Inc., FRCP 12(b)(6), 12(b), final sentence, 15(a), 56, review Conley v. Gibson, FRCP 11, 8, 156-162

Week Five: February 9-10

Topic/Pages 

Chapter III. Pleading Continued

Heightened Requirement of Specificity
Ross v. AH Robbins, FRCP 9(b)[1] & [2], 8(a), 8(a)(2), 163-173

The Overruling of Conley?,
Swierkiewicz v. Sorema, NA,
pages 177-181 (Skip the notes at pages 181-189, they are superseded by the notes following Bell Atlantic in the Appendix, starting at page 1217).

The Overruling of Conley? continued: Bell Atlantic v. Twombly, now Appendix pages 1205-1224 replace pages 173-177 and the notes at pages 181-189 in the updated 4th edition.

SO WHAT?: Erickson (now discussed starting at page 1219)

[Click here to download the handout] (You are welcome to download the old handout, but please note that the new material is in the Appendix of the Updated Fourth Edition at pages 1205-1224).

Swierkiewicz, Bell Atlantic and Erickson are likely to require discussion during this session and the first hour of the Tuesday session.

C. Defendant's Response:
1. Pre-Answer Motions, Rule 12 Exercises, FRCP 7(a), 12(a), 12(b), 12(g), 12(h), 15(a), 189-191
(short reading assignment, but you must work through the exercises!!).

  1. Exercises Continued.
    C. Defendant's Response:
    1. Pre-Answer Motions, Rule 12 Exercises, FRCP 7(a), 12(a), 12(b), 12(g), 12(h), 15(a), 189-191
    (short reading assignment, but you must work through the exercises!!).

Week Six: February 16-17

Topic/Pages 

Chapter III. Pleading Continued.

2. Failure to Answer: Default, Shepard Claims v. William Darrah & Associates, FRCP 4(e), 12(a)(1)(A), 55, 191-199

3. The Answer: In General: David v. Crompton Knowles I, FRCP 8, 10(b), 11, 11(b)(4), Affirmative Defenses: Gomez v. Toledo, (Gómez has been reduced to notes), 199-207

A NEW NOTE: THE CURIOUS CASE OF QUALIFIED IMMUNITY

  1. Counterclaims & Voluntary Dismissal [Focus mostly on Wigglesworth], 207-214

    Counterclaims: Wigglesworth v. Teamsters, FRCP 12(b), 13, 15(c)(2), 20, Voluntary Dismissal: DC Electronics v. Nartron (Nartron has been reduced to notes at p. 213).

    WE MAY START DAVID v. CROMPTON KNOWLES II during the first hour.

E. Amendments to the Pleadings, 214-227:

    1. Permission to Amend, David v. Crompton Knowles II, FRCP 12(c), 15, 15(a), 15(c), 215

    2. Relation Back: Swartz v. Gold Dust Casino, FRCP 12(c), 56, 15, 15(c), 218

Week Seven: February 23-24

Topic/Pages 

Chapter IV: Joinder of Claims and Party

Background Notes, 228-234, Parties: [You should skim this re-edited material, but I will focus on the Joinder readings in class].

1.[Notes]Real Party in Interest:Virginia Electric v. Westinghouse, FRCP 17(a), 19, 228-230 [You should skim this material, but I will focus on the Joinder readings in class]
2.Fictitious Names: SMU Association of Women Law Students v. Wynne and Jaffe, FRCP 10(a).

Focus: Joinder of Claims (Rule 18) and Parties (Rule 20), 234-242
Permissive Joinder of Claims, FRCP 18(a), Permissive Joinder of Parties, FRCP 20(a), Kedra v. City of Philadelphia, Insolia v. Phillip Morris, Inc., which supersedes Cohen.

Compulsory Joinder of Parties, FRCP 19, Janney Montgomery Scott v. Sheppard Niles, 242-260

Impleader, FRCP 14(a), Clark v. Associates Commercial,260-265

Counterclaims & Crossclaims, + Impleader exercises, FRCP 13, 13(a), 13(b), 13(g), 13(h), 14, 14(a), 18, 20, 265-267
EXERCISE DAY! Again, we will spend the entire class doing exercises, which means that you must look at the rules with great care.

Week Eight: March 2-3

Topic/Pages 

Discovery Devices, FRCP 26, 30, 31, 33, 34, 35, 36, 37, 45, 342-57
REMEMBER: THE QUESTION WILL BE HOW TO CONDUCT DISCOVERY USING SOME OF THE ALLEGATIONS IN JONES v. CLINTON.

[Click here to view the Jones v. Clinton complaint]

We will also discuss initial disclosure. The old materials have been superseded becauseRule 26(a) was amended in 2000 to make it kinder and gentler. Mandatory Disclosure, the old regime: Scheetz v. Bridgestone/Firestone, FRCP 26(a).

Scope and Burden, Davis v. Ross, 357-361, Kozlowski v. Sears, FRCP 26(b), 357-368

McPeek v. Ashcroft (NEW CASE), FRCP 26(b),368-380

These are new materials on the discovery of electronic materials and other challenges of the age of technology.


MARCH 7-15: SPRING BREAK


Week Nine: March 16-17

Topic/Pages 

Work-Product Doctrine: Hickman v. Taylor, 26(b)(1), 26(b)(3), 30(a), 30(c), 30(d)(1), 380-391

Attorney-Client Privilege: UpJohn v. US,391-401

Experts: In Re Shell Oil Refinery, FRCP 26(b)(4), 26(d), 26(e)(1), 26(f), 26(g)(1), 37(c)(1),401-412

Fact-Gathering Without Judicial Assistance, Corley v. Rosewood,412-414 [Lecture only, we will spend most of our time on sanctions].

Sanctions: Cine Forty-Second Street v. Allied Artists Pictures, FRCP 26(a), 26(b), 26(c), 37(a), 37(c), 37(d),415-423.

Week Ten: March 23-24

Topic/Pages 

  1. Opposing Summary Judgment:
    Burden of Production: Arnstein v. Porter, 449-452, Notes at 455-464

  1. Opposing Summary Judgment:
    Burden of Production: Dyer v. MacDougall,452-455, Notes at 455-464

    Chapter VIII. Trial Phases,521-529
    [I will lecture on trial phases; I want to use this material to further explain the concepts of Burdern of Persuasion and Burden of Production. If you have questions, this will be the time to address them].

Schedule for BB 450/550 Ecampus for Spring Term, 2016

This is the page for the ECAMPUS version of Kevin Ahern's BB 450/550 course at Oregon State University. The CLASSROOM version is different and should not be used by ECAMPUS students, nor should the ECAMPUS version be used by CLASSROOM students) The syllabus is required reading in this course and is available on Canvas and HERE. The official book used in the course is "Biochemistry" by Berg, Tymoczko, and Stryer. In my experience, anyone using any versions after 5.0 do fine. This course uses an alternative, optional FREE textbook called "Biochemistry Free and Easy" that I co-wrote with Indira Rajagopal. Version 3.0 has been released and you can download it HERE.

This course features my Wildly Popular Metabolic Melodies. You can see all of them and download them for free HERE. I also enjoy writing limericks and some of them are linked below. I hope you enjoy them. You are not responsible for knowing songs or limericks - they are just for fun. I offer many freebies at the following Web page HERE

OSU has moved to starting fall term on a Thursday. I consider that week zero. Week 1 (below) starts on September 28.

Date

Topic

Page Numbers

Relevant Problems

Week 1
Outline HERE

Figures can be downloaded in Canvas

1. Introduction/Acids & Bases
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
SongHERE

Stryer (6th edition) 3-24

Stryer (7) 1-24

Biochemistry Free and Easy (v. 3.0) - 10-23

plus HERE and HERE


Stryer (6) - Ch 1: 1, 6,8,9,10,11,12

Stryer (7) Ch 1: 1, 6,12,14,16,17.18
All problems in this column are optional and do not need to be turned in.

This column contains links to videos of me solving problems in the assignments. Failure to watch ALL of these videos before asking questions about assignments will result in a loss of points.

Week 1

2. Acids & Base
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
SongHERE

Stryer (6th edition) - 3-24

Stryer (7) 1-24

Biochemistry Free and Easy (v. 3.0) - 10-23

plus HERE and HERE

Ecampus Assignment #1 is below in a Word format and can also be obtained from Canvas' Assignment section in a PDF format. Solutions to this problem set MUST be submitted to the Assignments section of Canvas no later than April 11 at 11:59 p.m. U.S. Pacific time. You are responsible for getting the assignment in by this time. It is not fair to those who were timely for me to give additional time to anyone for any assignment. Consequently, requesting additional time for any assignment will result in a zero for the assignment and a reduction of points in the course.

Any common graphic format or Excel/Word format is acceptable for submission. Waiting to the last minute is a problem for students. My advice - don't wait to the last minute - technical problems sometimes happen. If Canvas receives your assignment 1 mninute late, you will not receive credit.

Videos linked on the far right column will help you to complete assignments.

Assignment #1 HERE

Problem Solving Videos for buffers/proteinsHERE and HERE

Transparency ScansHERE and HERE

Week 1
Outline HERE

Figures can be downloaded in Canvas

3. Amino Acids
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 25-64

Stryer (7) 25-64

Biochemistry Free and Easy (v. 3.0) - 41-53

Stryer (6) - Ch 2: 2,3,6,8

Stryer (7) Ch 2: 2,3,4,18

Week 2

4. Protein Structure I
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

(Note that the camera chip failed on the lecture, so the video here is a spliced version of an older video. It may not have everything in it covered in the highlights. You are responsible for the highlights)

Stryer (6th edition) - 25-64

Stryer (7) 25-64

Biochemistry Free and Easy (v. 3.0) - 41-53

Week 2

5. Protein Structure II
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 25-64

Stryer (7) 25-64

Biochemistry Free and Easy (v. 3.0) - 41-53

A.A./Protein Charge
Problem Solving Video HERE
Transparencies HERE

Week 2
OutlineHERE
Figures can be downloaded in Canvas

6. Protein Characterization I
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 65-106

Stryer (7) 65-108

Biochemistry Free and Easy (v. 3.0) - 212-224

Stryer (6) - Ch. 3: 1,5,10,13,18

Stryer (7) - Ch. 3: 1,9,11,19

Practice Protein Charge Problems HERE

Withdrawals after the end of the second week of classes cannot occur after Friday of that week. See OSU Academic Regulations HERE

I do not approve petitions for dropping, withdrawal, or pass/no pass grading after any of the deadlines have passed, unless there are extraordinarily unusual circumstances. To drop a class completely (no grade), you must do so by Friday of the 2nd week of class. To withdraw from a class, you must do so no later than Friday of the 7th week.

It is your responsibility to understand the drop policy in the link above. I do not approve retroactive withdrawals from the course due to not reading the policy above.

 

 

Week 3

7. Protein Characterization II
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
SongHERE

Foxtrot HERE

Stryer (6th edition) - 65-106

Stryer (7) 65-108

Biochemistry Free and Easy (v. 3.0) - 212-224

Ecampus Assignment #2 is below in a Word format and can also be obtained from Blackbaord's Assignment section in a PDF format. Solutions to this problem set MUST be submitted to the Assignments section of Canvas no later than April 18 at 11:59 p.m. U.S. Pacific time .

Assignment #2 HERE

A.A./Protein Charge
Problem Solving Video HERE
Transparencies HERE

Week 3
Outline HERE
Figures can be downloaded in Canvas

8. Hemoglobin
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
SongHERE

Stryer (6th edition) - 183-204

Stryer (7) 195-218

Biochemistry Free and Easy (v. 3.0) - 53-56

Stryer (6) - Ch. 7: 3,5,

Stryer (7) Ch. 7: 9,13,14a,15

Week 3
Outline HERE
Figures can be downloaded in Canvas

Stryer (6th edition) 205-240

Stryer (7) 219-252

Biochemistry Free and Easy (v. 3.0) - 80-96

Stryer (6) - Ch. 8, 2ab, 4ab,

Stryer (7) - Ch. 8: 4,5,7,12,13,18,20

Week 4

10. Enzymes II
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
SongHERE

Stryer (6th edition) 205-240

Stryer (7) 219-252

Biochemistry Free and Easy (v. 3.0) - 80-96

Week 4

11. Enzymes III
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Exam content boundary shown in Highlights

Stryer (6th edition) 205-240

Stryer (7) 219-252

Biochemistry Free and Easy (v. 3.0) - 80-96

Ecampus Assignment #3 is below in a Word format and can also be obtained from Blackbaord's Assignment section in a PDF format. Solutions to this problem set MUST be submitted to the Assignments section of Canvas no later than May 2 at 11:59 p.m. U.S. Pacific time .

Assignment #3 HERE

Review Session HERE
Today's Limerick HERE

Exam I

If you are using ProctorU please note that you will ONLY be allowed to use a whiteboard or chalkboard for scratch paper. No other type of scratch paper is allowed. If you are not using Proctor U, you may use a blank piece of scratch paper provided by your proctor.

 

 

Please note that the format for all exams in BB 450 ecampus is a simple multiple choice format. It is different than the format used in the classroom course. Since I only provide old exams to show the format, I do not provide old exams for multiple choice exams, since the format is known. Neither do I recommend using old exams as study guides as they throw students off when material changes from one term to the next.

Exam I

The exam must be started and completed under the supervision of an ecampus-approved proctor within a window that begins on April 20 at 8:00 a.m. U.S. Pacific time and ends at 5:00 p.m. U.S. Pacific time on April 22.

You may not use notes or calculators on this exam. If you are using ProctorU please note that you will ONLY be allowed to use a whiteboard or chalkboard for scratch paper. No other type of scratch paper is allowed. If you are not using Proctor U, you may use a blank piece of scratch paper provided by your proctor.

I will provide you with access to your answers and the correct answers for this exam AFTER the window for taking it has completely closed.

Week 5

Outline HERE
Figures can be downloaded in Canvas

12. Catalytic Strategies IHighlights HERE
YouTube Video HERE
Today's Limerick HERE
SongHERE

Stryer (6th edition) - 241-260

Stryer (7) 253-288

Biochemistry Free and Easy (v. 3.0) - 80-96

Stryer (6) - Ch. 9: 2,4,5,12b,13

Stryer (7) - Ch. 9: 7,11,13,17

13. Catalytic Strategies II
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
SongHERE

Stryer (6th edition) - 241-260

Stryer (7) 253-288

Biochemistry Free and Easy (v. 3.0) - 80-96

Week 5
Outline HERE
Figures can be downloaded in Canvas

14. Allostery and Regulation I

Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 275-302

Stryer (7) 289-317

Biochemistry Free and Easy (v. 3.0) - 96-100

Stryer (6) - Ch. 10 #1,4, 5, 17

Stryer (7) - Ch. 10: 3,4,5,14,18,23,27


Week 6

15. Allostery and Regulation II
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE / Video HERE

Stryer (6th edition) - 275-302

Stryer (7) 289-317

Biochemistry Free and Easy (v. 3.0) - 96-100

Week 6
Outline HERE
Figures can be downloaded in Canvas

16. Carbohydrates I
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 303-325

Stryer (7) 319-344

Biochemistry Free and Easy (v. 3.0) - 64-71

Stryer (6) - Ch. 11 #3, 5, 11, 12

Stryer (7) - Ch. 11: 3,4,7,17

Week 6

17. Carbohydrates II / Cellular Signaling I
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Songs HERE and HERE

Stryer (6th edition) - 381-408

Stryer (7) 401-426

Biochemistry Free and Easy (v. 3.0) - 195-211

Stryer (6) - Ch. 14 #1, 3, 4

Stryer (7) - Ch. 14: 1,2,3,5,7,8,14

Week 7

Outline HERE
Figures can be downloaded in Canvas


18. Cellular Signaling II
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 381-408

Stryer (7) 401-426

Biochemistry Free and Easy (v. 3.0) - 195-211

Week 7
Outline HERE
Figures can be downloaded in Canvas

19. Signaling III / Metabolic Control I
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 409-432

Stryer (7) 427-451

Biochemistry Free and Easy (v. 3.0) - 25-39, 141-144

Stryer (6) - Ch. 15 # 1, 3, 8, 9, 10

Stryer (7) Ch. 15: 1,2,4,7,8,9,10,17,19,22,25,28

Week 7

20. Metabolic Control II
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE
Music Video HERE

Stryer (6th edition) - 409-432

Stryer (7) 427-451

Biochemistry Free and Easy (v. 3.0) - 25-39, 141-144

Gibbs Free Energy Video HERE

Transparencies HERE

Week 8
Outline HERE
Figures can be downloaded in Canvas

21. Glycolysis I
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Exam content boundary shown in Highlights

Stryer (6th edition) - 433-464

Stryer (7) 453-496

Biochemistry Free and Easy (v. 3.0) - 144-150

Week 8

22. Glycolysis II
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 433-464

Stryer (7) 453-496

Biochemistry Free and Easy (v. 3.0) - 144-150

Week 8

May 18-20

Review Session HERE

Exam II

If you are using ProctorU please note that you will ONLY be allowed to use a whiteboard or chalkboard for scratch paper. No other type of scratch paper is allowed. If you are not using Proctor U, you may use a blank piece of scratch paper provided by your proctor.

Exam II

The exam must be started and completed under the supervision of an ecampus-approved proctor within a window that begins on May 18 at 8:00 a.m. U.S. Pacific time and ends at 5:00 p.m. U.S. Pacific time on May 20.

You may not use notes or calculators on this exam. If you are using ProctorU please note that you will ONLY be allowed to use a whiteboard or chalkboard for scratch paper. No other type of scratch paper is allowed. If you are not using Proctor U, you may use a blank piece of scratch paper provided by your proctor.

I will provide you with access to your answers and the correct answers for this exam AFTER the window for taking it has completely closed.

Exam II

23. Glycolysis III / Gluconeogenesis
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 433-464

Stryer (7) 453-496

Biochemistry Free and Easy (v. 3.0) - 150-153

Week 9

24. Sugar Metabolism Regulation
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
SongHERE

Stryer (6th edition) - 592-616

Stryer (7) 615-638

Biochemistry Free and Easy (v. 3.0) - 173-179

Week 9
Outline HERE
Figures can be downloaded in Canvas

25. Glycogen Metabolism I
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 592-616

Stryer (7) 615-638

Biochemistry Free and Easy (v. 3.0) - 173-179

Week 10

26. Glycogen Metabolism II
Highlights HERE
YouTube Video HERE
Today's Limerick HERE
Song HERE

Stryer (6th edition) - 592-616

Stryer (7) 615-638

Biochemistry Free and Easy (v. 3.0) - 173-179

Week 10

(only two lectures for this week)

27. Glycogen Metabolism III / Finishing Up

Highlights HERE
YouTube Video HERE
Today's LimericksHERE/ HERE / HERE
Songs HERE / HERE / HERE / HERE
Music Video HERE

All the Metabolic Melodies HERE

Metabolic Melodies Book HERE

Metabolic Melodies 2015 Calendar HERE

Limerick Book HERE

Stryer (6th edition) - 592-616

Stryer (7) 615-638

Biochemistry Free and Easy (v. 3.0) - 173-179

June 6-8

Review Session Video HERE

Comprehensive Final Exam

If you are using ProctorU please note that you will ONLY be allowed to use a whiteboard or chalkboard for scratch paper. No other type of scratch paper is allowed. If you are not using Proctor U, you may use a blank piece of scratch paper provided by your proctor.

Comprehensive Final Exam

The exam must be started and completed under the supervision of an ecampus-approved proctor within a window that begins on June 6 at 8:00 a.m. U.S. Pacific time and ends at 5:00 p.m. U.S. Pacific time on June 8.

On this exam ONLY, you may use one 5x8 inch notecard with handwritten notes (no printouts of any kind). Both sides of the card may be used. You do not have to get the card from me. No calculators are allowed. If you are using ProctorU please note that you will ONLY be allowed to use a whiteboard or chalkboard for scratch paper. No other type of scratch paper is allowed. If you are not using Proctor U, you may use a blank piece of scratch paper provided by your proctor.

I will provide you with access to your answers and the correct answers for this exam AFTER the window for taking it has completely closed.

This exam will have 40-50 questions (30-40% on material since the last exam) and you will have 110 minutes to take the exam.

Good luck to you.
I hope you have enjoyed and learned a lot in my class.


















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