Civil procedure questions and pdf
Explanation:
techniques that are likely different from those you used in previous educational settings.
Moreover, even within law school, different courses may require different approaches.
One learning technique that has traditionally been fundamental to law school is applying the
“Socratic method” to judicial opinions. Under this methodology, students read cases, usually
appellate cases, with the professor then asking questions about the cases. The questions are
designed to draw out the important principles and the underlying policies and tensions.
Although learning to read cases is an extremely important, if not essential, skill to acquire in
your first year of law school, it can also be an inefficient way to learn the substantive concepts
embedded in the cases.
Civil Procedure is different from most first year classes, in that substantial portions of the
class are based on codified rules, not just case law. Accordingly, this book takes a different
approach. As part of the Learning Series, this book de-emphasizes cases and focuses more
on explanation and short hypotheticals, illustrations, or problems. The vision
behind Learning Civil Procedure is that because Civil Procedure is in significant measure
based on codified rules, it is preferable to teach it by explaining the concepts, then allowing
students to explore the contours and parameters of those concepts through studying the
rules and illustrative examples, rather than distilling the concepts from cases.
Notwithstanding the de-emphasis of cases, there are times when the study of cases may be
the optimal learning tool. In addition, there are some classic, key, or famous cases that a
literate lawyer should know. Consequently, this book at times includes case excerpts for
study.
Civil Procedure is also an opportunity to focus on how to read and construe statutory
language, another critical skill for lawyers in almost every discipline. Accordingly, rather
than refer you to a supplement, this book sets forth the key language of major Federal Civil
Rules and important procedural statutes in text. So while you try to develop and hone your
skills in reading cases in your other classes, you can focus on reading statutory language in
this class. As you analyze the cases, statutes and rules presented throughout this book, you
also should begin to assess the overall fairness and efficiency of the American civil justice
system.
xxxviii
Organization of This Book
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