740S Civil Procedure III-Post Trial Issues (2-3)
This course will provide an in-depth study of the appellate
court system- an advanced civil procedure course focused on
the appellate process. It will cover important topics not
typically covered either in civil procedure or complex
litigation (or, for that matter, in appellate advocacy
courses). Students will learn about the structure of appellate
courts, preservation of error, standing to appeal, the final
judgment rule and its exceptions, standards of review (e.g.,
de novo, abuse of discretion), rules and mechanics for
initiating appeals, alternative dispute resolution at the
appellate level, preparing the record for appeal, brief
writing, oral argument, rehearing en banc, certiorari,
selection of appellate judges, opinion writing, and
judicial canons of ethics. While there will be significant
focus on techniques for effective brief writing and oral
argument, the bulk of the course will focus on legal rules
and concepts, not on skills. The principal emphasis will be
on federal courts, but significant attention will also be
paid to state appellate courts, particularly those whose
rules and practices differ markedly from those in federal
court.