Pay attention to outdated procedure?

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Pay attention to outdated procedure?

Postby Teris » Wed Sep 01, 2010 12:18 pm

So, obviously outdated law is often important to know in case the professor asks about how a case would proceed if the law applied were X outdated doctrine instead of Y current doctrine.

But how important is it, if at all important, to know truly outdated procedural rules? For example, will any professor ever ask on an exam about writs? Maybe how an appeal might proceed on a writ of error as opposed to the current system. I'm thinking I can ignore this sort of thing, but perhaps not. What about more recent changes?

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Re: Pay attention to outdated procedure?

Postby underdawg » Wed Sep 01, 2010 4:00 pm

you can ask your prof these things. i have no idea what you're talking about with writs, so probably not. most profs will tell you straight up, "i will only ask questions about the law today not 1800."

obsolete cases might be helpful for policy only--"the doctrine is x and not y because of z reason, which we should keep in mind when trying to apply x to this weird fact pattern"

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