First Week Assignments
Bar Exam Preparation - Meyers
Please sign up for Bar Prep on TWEN before our first class on Monday, January 11th.
Business Associations II
January 12: Read pages 469-510 of the text and Section 8.30 of the MBCA, Subchapter C, Directors.
January 14: Read pages 510-532 of the text and Section 141(e) and Section 102(b)(7) of the DGCL.
Civil Pretrial Practice
The required textbook is Thomas A. Mauet and David Marcus, PRETRIAL (10th ed.), Aspen (2019).
Assignments for the first two classes this semester are as follows:
Monday, January 11: Course Introduction and Litigation Planning
• Read Mauet, p. 3-15 (through part 8).
• Watch minutes 4:55 – 16:55 of pretrial hearing video (link to video - takes a minute to load) ; write down your reactions, thoughts, and questions; and bring them to class.
• Be prepared to discuss what you hope to get out of this class and your past experiences with litigation and the pretrial process.
Wednesday, January 13: Litigation Planning and Informal Fact Investigation
• Read Mauet, p. 19-28 (through §2.2).
• Take Quiz 1 prior to class (on Blackboard).
• Be prepared to engage in litigation planning group activity and discussion.
Conflict of Laws
1 - 1/11
Chapter 1 – pp. 1-8.
Hypotheticals 1-1 through 1-5.
Topics: Introduction to the Course and Conflict of Laws.
2 - 1/13
Chapter 2 – pp. 9-28.
Hypotheticals 2-1, 2-2, 2-3, 2-6, 2-7, 2-8.
Topics: Review of Key Civil Procedure Topics; Introduction to Problems with a Law of the Forum (lex fori) Approach.
Constitutional Law - first assignment
Driesen, Adler & Engel, Environmental Law: A Conceptual and Pragmatic Approach (Aspen 3rd ed. 2016)
Monday, January 11, 5-29 Introduction
Wednesday, January 13, 31-57 Common law approaches
REQUIRED TEXT: Debora Jones Merritt & Ric Simmons, Learning Evidence (West Academic Publishing, 4th ed., 2018).
CLASS #1: Syllabus*; Study Guide, pp. xxix – xxxiii; Chapters 1 – 5, pp. 1 – 53; Federal Rules of Evidence 101, 103, 105, and 1101.
*The syllabus and weekly assignments document were e-mailed to all students registered for the course on January 5. If you registered for the course after that date, please contact Prof. Mavrova Heinrich to obtain a copy of the syllabus.
CLASS #2: Chapters 6 – 8, pp. 55 – 91; Federal Rules of Evidence 401, 402, and 403.
January 11: Read pages 1-32 of the text. Provide a written response short answer to the problem presented on page 32 of the text. Please apply the principles that are discussed in Chapter One.
January 13: Read pages 33-76 of the text.
Class 1, January 12: Please read Richard Rothstein, The Color of Law, (Liveright 2017), Preface (pp. VII – XVII) and pp. 1-14.
Indian Country Environmental Law
Tuesday, January 12, Introduction
Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988);
Bear Lodge Multiple Use Ass'n v. Babbitt, 2 F.Supp.2d 1448 (D. Wyo. 1998)
Thursday, January 14, Indian Country Environmental Justice
James M. Grijalva, Closing the Circle: Environmental Justice in Indian Country (Carolina Academic Press 2008) Chapter 1—pages 3-12
Briefly review these online materials:
EPA’s Office of Environmental Justice (OEJ) homepage,
OEJ’s Learn About Environmental Justice page,
EPA’s Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples
Law Practice Technology
Welcome to Law Practice Technology; I’m looking forward to a great semester! Prior to the first day of class, students should complete the following three tasks:
1. Sign up for a free ABA student membership: https://www.americanbar.org/membership/dues_eligibility/ (click on “Join the ABA Today” on this page, or “Join” in the menu bar).
2. Register to attend the virtual ABA TechShow, which will occur the second week of March. The student cost for the TechShow is $25, but in order to receive that discount, you must sign up for your free ABA student membership first: https://www.techshow.com/pricing/
3. Activate your free Legal Technology Assessment (LTA) account. All UND Law students received a welcome email (Subject Line: Procertas LTA – Welcome E-mail) from the LTA’s parent company, Procertas, near the start of the Fall 2020 semester, which provides instructions on how to activate your account. If you no longer have that email, please contact me at firstname.lastname@example.org so that I can have another one sent to you.
Lawyering Skills, Section 2, John Cook
Monday, January 11:
Readings: Coughlin, Chapter 19.I: The Transition from Objective to Persuasive Writing (pp. 329 – 336); Rocklin, Chapter 1: The Nature of Persuasion (pp. 3 – 14) and Chapter 3: A Litigation Overview (pp. 23 – 38).
Topics: Course Overview; The Transition from Objective to Persuasive Writing; The Nature of Persuasion; A Litigation Overview.
Wednesday, January 13:
Readings: Appellate Brief File (to be posted on Blackboard under “Assignments”); Rocklin, Chapter 5.I – 5.IV.F and 5.V.E: Appellate Practice (pp. 61 – 82 and 90 – 98).
Topics: A Litigation Overview Continued; Appellate Practice; Appellate Brief Assignment.
Professional Foundations - first assignment
1 - 1/12
Chapter 1 - Introduction, §2A – pp. 1-8
Chapter 2 – Compensatory Damages, §2B – pp. 9-28
Introduction to the Course.
Introduction to the “Rightful-Position” Principle.
Value as the Measure of the Rightful Position.
2 - 1/14
Chapter 2 – Compensatory Damages, §2C – pp. 28-41
Expectancy and Reliance as Measures of the Rightful Position.
Class 1, January 13
Performance Exercise: Tell an 8-minute story about something that has happened to you or that you experienced using only 1 word and 1 prop. This will require use of gestures, voice inflection, eye contact, change in tone and volume. We as your audience will discuss what the story was about and how many details you communicated to us. You’ll be surprised by what you can communicate with only 1 word and 1 prop.
Lecture Topic: What cases to try and Opening Statements
Reading: Winning at Trial (WAT) Chapter 1, pp 2-26; Chapter 3, pp 65-129.
Case file: Problems in Trial Advocacy (PITA) Problem 11, Myers v. Nita Day School. Half of the class will be assigned to the Defense and half assigned to the Plaintiff.
The elements of the tort of negligent supervision are: a plaintiff (1) the school had a legal duty to use ordinary care to protect the plaintiff from reasonably foreseeable injury; (2) a
breach of that duty; (3) a proximate cause between the breach and the resulting injury; and (4) actual damages to the plaintiff’s person or property. It is well established in Nita’s jurisdiction that a school has a legal duty to protect its students from reasonably foreseeable harm.