Just a note for those not in my class who are looking for civ pro exam questions. They are all available here. (Warning for those in my class: not all of these are suitable for you - some cover material we will not do this semester.)
The Multistate Bar Exam will have Civ Pro questions starting in February 2015. Here are some sample questions. I agree with Prof. Clermont that Question 9 is problematic, although my take on it is slightly different. I'll say a bit more about it soon. For the moment, here is the question:
9. A motorcyclist was involved in a collision with a truck. The motorcyclist sued the truck driver in state court for damage to the motorcycle. The jury returned a verdict for the truck driver, and the court entered judgment. The motorcyclist then sued the company that employed the driver and owned the truck in federal court for personal-injury damages, and the company moved to dismiss based on the state-court judgment. If the court grants the company’s motion, what is the likely explanation?
(A) Claim preclusion (res judicata) bars the motorcyclist’s action against the company. (B) Issue preclusion (collateral estoppel) establishes the company’s lack of negligence. (C) The motorcyclist violated the doctrine of election of remedies. (D) The state-court judgment is the law of the case.
It goes without saying that this is waydown the road for this year's class...
In addition to occasional posts on my own research, this blog is mostly for written responses to student questions. (Most questions I'll answer orally, but for particularly interesting or widespread questions, I like to provide written responses.) Later in the semester, you should also find it useful to look at some of the old exam questions and answers posted here, to anticipate what the exam will be like. But some of these old questions address material that I won't discuss this semester. Struggling with them won't be helpful. In addition, I discourage you from reading any of these old exam questions until we are sufficiently advanced in the course. I'll let you know which ones to look at when the time comes...
I've posted the grades for Conflicts. It was a good set of exams. In particular, there was no exam I could feel comfortable giving a B- or lower, so I jiggered the grades to avoid that and still stay (barely) within the mandatory curve range...
I thought I would say a bit more about my (partial) critique of Larry Kramer’s solution to the problem of unprovided-for cases, which I discussed in class. An unprovided-for case is one in which it looks as if neither state is interested in its law applying. An example is Neumeier. An Ontarioan, who was a guest in a New Yorker’s car, sues the New Yorker in New York state court for negligence in connection with an accident in Ontario. Ontario has a guest statute, which bars a guest from suing a host for negligence. New York doesn’t.
Magic Flute Charming version done by Ingmar Bergman (in Swedish) for Swedish TV
Wim Wenders, Himmel über Berlin I'm a sucker for this movie, mostly because it reminds me of Berlin in the late 80s. The Peter Falk stuff can get tiresome. At 11:50, you can see the Cinema Paris on the Ku'damm, which is where I first saw the movie. I remember at the time that it was an odd experience to see in a movie the very place where I was watching the movie. One of my favorite scenes is at 1:33:00