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Author Topic: Observations about Civ Pro...  (Read 1016 times)

Trancer

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Observations about Civ Pro...
« on: August 28, 2005, 07:37:02 AM »
Is it just me or does this class, contrary to what people say, require you to memorize and regurgitate a whole bunch of rules.  I have a photographic memory so this wouldnt be a huge problem, i just want to know if anyone else feels that way.  We spend more time getting quizzed in which Joinder rule applies to the situation, i feel as though the class is conditioning us to be mindless machines.  Just my two cents.  Personally, my favorite class is torts.  The casebook reads like a novel or at least a script for realTV.  I find myself saying, "whoa, 4 fingers amputated. Well done!"
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Seton Hall, August 05

Comm-Law

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Re: Observations about Civ Pro...
« Reply #1 on: August 28, 2005, 09:23:29 AM »
I think your observation rings somewhat true.  Civ Pro in particular is very rule oriented.  Unlike property or torts, Civ Pro doesn't usually concern itself with a lot of policy reasoning.  In my view, all of the 1L law school courses involve a high degree of memorization of rules... the so called "black-letter-law".  In addition, to varying degrees, each course also involves application and interpretation of those rules.  Our task as 1L's is to retain the rules and come exam-time, apply the rules in a way that best emulates our professor's attitude and style.

For instance, in my case, my property professor seems to emphasize policy.  He went so far as to specifically inform us on day one that he didn't want to turn out a bunch of automotons that revelled in "black-letter-law".  His reasoning is that, it is better to work to apply the rules with flexibility and get the "right answer" to a case than to apply a strict interpretation of the rules and accept an unjust result. (Thus he is, in my opinion, an advocate of judicial activism).  In contrast, my contracts' professor has no such misgivings of application of the law.  She has, thus far, laid-out a roadmap of the rules of contract.  She has pointed-out inconsistancies, but at no time has she indicated a desire for loose interpretation or modification of the rules.

So, bottom line.... read your professors.  Some will want policy and rationale above all else, some will cut-to-the-chase and get down to the common approach to the current set of rules.  Civ Pro, fortunately in my opinion, doesn't lend itself to as much loose interpretation as the other classes; it's more of a road map rather than a treasure map.

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Krisace

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Re: Observations about Civ Pro...
« Reply #2 on: August 29, 2005, 09:47:21 AM »
One word of advice...ALL professors will want the standard black-letter law when it comes time to write the exam.  Policy will be a bonus, and probably a very good bonus with certain professors, but even with them, be very careful to know all of the black letter law and to apply it correctly before you even get to the policy aspects.

zaphod

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Re: Observations about Civ Pro...
« Reply #3 on: August 29, 2005, 06:19:37 PM »
Is it just me or does this class, contrary to what people say, require you to memorize and regurgitate a whole bunch of rules.  I have a photographic memory so this wouldnt be a huge problem, i just want to know if anyone else feels that way.  We spend more time getting quizzed in which Joinder rule applies to the situation, i feel as though the class is conditioning us to be mindless machines.

We coudl bring our FRCP books in to the exam, so it wasn't a matter of memorizing.  You will get in to rules that become pretty damn difficult to apply to every day fact patterns.
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zaphod

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Re: Observations about Civ Pro...
« Reply #4 on: August 29, 2005, 06:25:29 PM »
"whoa, 4 fingers amputated. Well done!"

I'm not sure if this case is a common one, but our torts book had a case with a guy named Filch or something who was constantly getting harrassed by his supervisors.  One of his supervisors allegedly stuck his thumb up ol' filch's rear entry.  For the rest of the year whenever anyone was getting the shaft we said they were "getting filched".     
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