Ground Rules
Classes are conducted Socratically, which requires students to read the assigned material carefully, to think and speak clearly, and to respond to counter-arguments on their merits. Being a lawyer, lobbyist, or policy advocate demands such skills, and the classroom offers a low-risk environment for practice.
Each day, prepare yourself to answer questions from me and and your classmates about any assigned case, its facts, procedural history, and how the court resolved the problem presented. In our discussions, your goals should be to:
- state your claims clearly and precisely;
- provide reasons or evidence for your claims;
- answer all reasonable objections.
Substantive clash on ideas and analysis is expected, but all this takes place within a realm of mutual respect.
For more about my teaching methodology, see the materials under “Miscellaneous” on my Teach page. The Personal Statement on Teaching and the Rutter Award lecture might be informative (videostream).
During class, do not run any software applications that are not part of your class participation. That means no personal web browsing, email, instant messaging, P2P downloading, etc. On the other hand, googling for background information, or searching relevant legal sites is appropriate. But if I call on you, don’t act like a doe caught in headlights. If you can’t multi-task effectively, don’t try (and we all think we’re better at it than we actually are).
Mobile phones should be off or muted unless emergency circumstances require otherwise. If you are uncertain about what this entails, ask me beforehand.
Bottom line: Get in the practice of acting like a young professional, which is precisely who you are.
Also, read my Recording FAQ.
Required Texts
- Stephen Yeazell, Civil Procedure (7th ed. 2008) (called the “Casebook” or “CB”).
- Yeazell’s Federal Rules of Civil Procedure 2010 Supplement (called the “Rules Supplement” or “Rules” or “Supplement” or “FRCP”).
- errata for Rules 15 and 59 (11/22/2010 9:01 AM)
Both texts are available at the law school bookstore.
Study Note
Civil Procedure is difficult. I recommend review and mastery of the material at the completion of each chapter. Strive to boil everything down to 2 pages. Do not wait until the end of the semester.
You should engage in “active” learning. Do not try to memorize facts or rules passively. Instead, try constantly to apply concepts and rules to different fact patterns. Then, try to verbalize (orally and in writing) your reasoning, conclusion, confidence in the answer, and the reasons for the level of confidence. Here group study is very helpful. In my class, it is always acceptable for you to be unsure about an answer; however, it is never acceptable for you not to know why you are unsure.
Finally, improve your writing. You should be able to write clear, grammatical sentences organized into paragraphs that cohere into an argument in real time. Throughout the semester, try writing out (or typing out, without using the backspace key or any other cutting and pasting) quick answers to civil procedure questions.