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Kathleen E. Payne

Kathleen E. Payne
[Hi-Res Photo]
Professor of Law
Law College Building
648 N. Shaw Lane Rm 435
East Lansing, MI 48824-1300
517-432-6903 Intercom: 175
payneka@law.msu.edu

LL.M. University of Michigan, 1981; J.D. Detroit College of Law, 1977; M.A. Eastern Michigan University, 1970; B.A. Michigan State University, 1967

  • Civil Procedure I
    (Formerly DCL 121) (This course is being replaced by Civil Procedure I LAW530A beginning fall 2011) A survey of civil procedure from selection of an appropriate forum through pleading and joinder. Areas considered include jurisdiction, venue, choice of law, pleadings, joinder of claims and joinder of parties. Primary emphasis is placed on the Federal Rules of Civil Procedure with some discussion of state deviations from the federal model.
  • Civil Procedure II
    (Formerly DCL 122) (This course is being replaced by Civil Procedure I LAW530A beginning fall 2011) A continuation of Civil Procedure I covering discovery, summary and default judgment, pretrial proceedings, trial by jury, trial practice, post-trial motions, appeals, and the doctrines of issue and claim preclusion.
  • Contracts I
    (Formerly DCL 101) (This course is being replaced by Contracts LAW 530B beginning fall 2011) A study of the basic law relating to the formation of a contract. With respect to the creation of a contract, capacity, mutual assent, consideration and compliance with formalities are discussed. Article 2 of the Uniform Commercial Code is integrated with common law contract principles throughout the course.
  • Contracts II
    (Formerly DCL 102) (This course is being replaced by Contracts LAW 530B beginning fall 2011)Continues the survey of many basic contract issues, including the avoidability of contracts; the Statute of Frauds requirement; the process of determining the total contract obligation of the parties; the determination of proper performance of contracts, contract breaches and related doctrines; and the available legal redress for contract breaches.
  • Equity
    (Formerly DCL 333) Considered are the history and development of equity, equity jurisdiction, remedies available in equity and contempt powers.
  • Secured Transactions
    (Formerly DCL 240) Covers the process of financing the sale of goods, the secured transaction under Article 9 of the Uniform Commercial Code, including creation, perfection, priority of security interests in personal property and default procedures.
  • Torts I
    (Formerly DCl 141) The study of the protection that the law affords against interference by others with one's person, property or intangible interest. It is broadly divisible into three areas of liability: intentional interference, negligence and strict liability. Specific tort actions and defenses are analyzed. Each is examined in the context of underlying social and economic factors that provide the framework in which law develops and social conflict is managed.
  • Torts II
    (Formerly DCL 434) This course is a continuation of the required Torts course. Building on the basic tort causes of action based on intent, negligence and strict liability, this course will survey a wide variety of specialized tort topics including workers' compensation, social security disability benefits, no-fault automobile insurance, defamation, privacy, malicious prosecution, trademark infringement, misrepresentation and tort actions created under civil rights law. It also will focus on practical problems in torts cases such as settlement, contribution and indemnification. The course includes a practice component. Students will interview a client in an automobile negligence or slip-and-fall case, draft a complaint based upon the interview and draft a case evaluation summary.
  • Workers' Compensation
    (Formerly DCL 389) This course involves the study of the principal provisions of the Michigan Workers' Disability Compensation Act and decisions thereunder, notably in respect to compensability, benefits and proceedings before the Compensation Bureau.

Michigan, Illinois, Nevada

Prior to joining the Law College faculty in 1980, Professor Payne was a law clerk to Justice Blair Moody, Jr. of the Michigan Supreme Court. She serves as a case evaluator for the Wayne County Mediation Tribunal Association. Since 1988, she has given bar review lectures on commercial law and multi-state subjects. Professor Payne received the MSU Law Student Bar Association's Distinguished Professor Award for 2004-05. Professor Payne teaches Secured Transactions, Bankruptcy Reorganizations of Business, Contracts, Legislative Drafting, and Torts.


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