Civ Pro is kicking my ass

[ruskiegirl]

ruskie, get the E&E by Glannon.  its a really good explanation

I already have it, but it itsn't helpful in some topic areas.  I looked at it the other night to try to get some additional information to clear up rules 12(h) and 12(g) and which motions could be filed at which point, but it had a very brief overview of pre-trial motions and nothing that explained the specific point that confused me. I agree with Nova, the wording of the rules can be tricky at times.  I understoon 12(b) just fine but the application of 12(h) and 12(g) had me confused.

Prettylily,

I actually do much better with Torts than with Civ Pro, but I have heard from people who were having trouble in Torts that E&E is the best commercial supplement for that course.

[prettylily]

I have it Ruskiegirl. But I haven't had time to really read it.  Will do that this week.

I spoke to a 3L who had my teacher and it turns out that she hates Torts (bad prof experience at Harvard) and thus hates teaching it.  Apparently most ppl have a prob with the way she teaches...

When reading for these classes, I feel like I understand the main issues and general topics.  I find the lecturing style to be confusing and roundabout.  Some would say profs are playing hide the ball.  Problem is, they do it so subtly you don't know if you are confused or they are confusing you.

I've spoken to others in my class...I am not alone on this...Probably just expecting a little too much out of myself at this point.  What I mean is, expecting to grasp the material 100 per as a beginner.

[Ginatio]

hmm... i dunno. seems to me rule 12 is fairly clear, though there is some wiggle room the court can use to apply it differently in different situations...

we haven't spent much time on 12(g), but it appears to allow the consolidation of defenses being relied upon by a party into a single pleading made available to the court, with the caveat that any defense omitted is waived (which would generally be true through the pleading process anyway)--with the exception of the defense of making a motion to dismiss for failure to state a claim upon which relief can be granted.

this makes sense because the defendant can't really move to dismiss the plaintiff's case as failing to state an actional complaint until the plaintiff has fully presented his case.

12(h)(1) basically says that if you want to claim lack of jurisdiction at any point, you better do so before the pleading process is over, otherwise you're waiving jurisdiction and submitting yourself to the court.

12(h)(2) allows non-informative defenses as motions to dismiss, judgment on the pleadings, and such

and 12(h)(3) allows the court to dismiss for lack of jurisdiction at its discretion if it should appear to it that it lacks jurisdiction... probably a response to the monkey play in Capron v. Van Noorden

am i off base here?

ruskie, get the E&E by Glannon.  its a really good explanation

I already have it, but it itsn't helpful in some topic areas.  I looked at it the other night to try to get some additional information to clear up rules 12(h) and 12(g) and which motions could be filed at which point, but it had a very brief overview of pre-trial motions and nothing that explained the specific point that confused me. I agree with Nova, the wording of the rules can be tricky at times.  I understoon 12(b) just fine but the application of 12(h) and 12(g) had me confused.

Prettylily,

I actually do much better with Torts than with Civ Pro, but I have heard from people who were having trouble in Torts that E&E is the best commercial supplement for that course.

[hcnate]

We're learning the basic general progression of a case as it starts from the original filing of a complaint through the trial.

A recommendation I had heard was to attempt to read the stuff on jurisdiction first, to get the ground work (obviously, if this is what you're doing ignore this).  Additionally, I've purchased the "EZ Rules: Civil Procedure" book which gives you a broader overview.  I wouldn't rely upon it for your knowledge, but it gives you a bit of a "dumbed down" look at each rule.

I second the thing about Torts and the professor hating.  I have a professor who loves Torts and is the authority in the State of Washington on the subject (he wrote the book).  This tends to liven up the material.  I think this is probably something that holds true with pretty much all of the subjects.

Hope this helps.

[ruskiegirl]

We're learning the basic general progression of a case as it starts from the original filing of a complaint through the trial.

A recommendation I had heard was to attempt to read the stuff on jurisdiction first, to get the ground work (obviously, if this is what you're doing ignore this).  Additionally, I've purchased the "EZ Rules: Civil Procedure" book which gives you a broader overview.  I wouldn't rely upon it for your knowledge, but it gives you a bit of a "dumbed down" look at each rule.

Ah, you are my hero!  That EZ book sounds as if it is precisely what I am looking for! Off to amazon. com I go....

[DOWNY]

DOWNY was called on 7 times in CivPro today but did well because he was prepared and didn't get too wasted last night. CivPro is just an annoyance because you have to learn all of the rules...but it will come with time. DOWNY has faith in you.

[Duner]

Yup, civil pro is killing me too....i read the stuff and think i understand it, then get to class and find out i've been concentrating on the completely wrong issue. but i've heard there's a (glannon???) book that really helps explain it. people in my class have been following it and they said they understand the course much better.

[hcnate]

Ruskie,

I purchased mine here:

http://store.yahoo.com/lawbookstore/

I couldn't find it on Amazon.

[Ginatio]

Yup, civil pro is killing me too....i read the stuff and think i understand it, then get to class and find out i've been concentrating on the completely wrong issue. but i've heard there's a (glannon???) book that really helps explain it. people in my class have been following it and they said they understand the course much better.

glannon's book is about as thick as the casebook... i haven't had time to look over it yet, but upon a brief review it looks to be a good primer for exams (has questions and hypos with ensuing answers)

[chris1981l]

get glannon!!  helped me out in first year civ pro like no other.