Civil Procedure Hornbook Question

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blue16
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Civil Procedure Hornbook Question

Postby blue16 » Fri Oct 22, 2010 7:28 pm

I'm at Michigan, apparently this law school does not cover jurisdiction in our civil procedure course. I bought the "Introduction to Civil Procedure" hornbook by Richard Freer, but I'm having a tough time figuring out which chapters I should pay attention to based on that fact that we don't cover jurisdiction. So, for you more experience law students, I wanted to ask what you think. The chapters are:

1. The Study of Civil Procedure
2. Personal Jurisdiction
3. Notice and Opportunity to Be Heard
4. Subject Matter Jurisdiction
5. Venue
6. Challenging the Selection of Forum
7. Pleadings, Amended Pleadings, and Judgments Based Upon Pleadings
8. Discovery and Judicial Management of Litigation
9. Adjudication and Related Motions
10. The Erie Doctrine(s)
11. The Preclusion Doctrines
12. Defining the Scope of Litigation: Joinder Rules and Subject Matter Jurisdiction
13. Special Multiparty Litigation
14. Appellate Review

I'm guessing that 2-6 and 12 would be the chapters concerning jurisdiction matters while the rest would be ones I would want to read, but any information you guys have would be useful, thanks.

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eandy
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Re: Civil Procedure Hornbook Question

Postby eandy » Fri Oct 22, 2010 7:30 pm

Ignore chapters 2 and 4.

Really?

thrillerjesus
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Re: Civil Procedure Hornbook Question

Postby thrillerjesus » Fri Oct 22, 2010 7:31 pm

You might want to read the portion of Ch 12 that deals with Joinder. The two are related in practice, but Joinder could be taught while just ignoring Jurisdiction.

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GeePee
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Re: Civil Procedure Hornbook Question

Postby GeePee » Fri Oct 22, 2010 8:23 pm

blue16 wrote:I'm at Michigan, apparently this law school does not cover jurisdiction in our civil procedure course. I bought the "Introduction to Civil Procedure" hornbook by Richard Freer, but I'm having a tough time figuring out which chapters I should pay attention to based on that fact that we don't cover jurisdiction. So, for you more experience law students, I wanted to ask what you think. The chapters are:

1. The Study of Civil Procedure
2. Personal Jurisdiction
3. Notice and Opportunity to Be Heard
4. Subject Matter Jurisdiction
5. Venue
6. Challenging the Selection of Forum
7. Pleadings, Amended Pleadings, and Judgments Based Upon Pleadings
8. Discovery and Judicial Management of Litigation
9. Adjudication and Related Motions
10. The Erie Doctrine(s)
11. The Preclusion Doctrines
12. Defining the Scope of Litigation: Joinder Rules and Subject Matter Jurisdiction
13. Special Multiparty Litigation
14. Appellate Review

I'm guessing that 2-6 and 12 would be the chapters concerning jurisdiction matters while the rest would be ones I would want to read, but any information you guys have would be useful, thanks.

You have to be kidding me. Jurisdiction is the backbone of civil procedure -- how can you litigate if you don't know where you can file, if at all? Venue and jurisdiction are not the same thing, but it's hard to learn venue without a sense of the personal jurisdiction motivation behind it. If you're not doing venue either, then skip 2-6. It's also difficult to learn joinder without knowing anything about supplemental jurisdiction, but you might still learn that.

I hope you're taking 2 semesters of Civ Pro. If not, "TTT in decline" for sure...

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blue16
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Re: Civil Procedure Hornbook Question

Postby blue16 » Sat Oct 23, 2010 5:42 pm

We have a separate jurisdiction class. But valid points I suppose. Any other thoughts?

Renzo
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Re: Civil Procedure Hornbook Question

Postby Renzo » Sat Oct 23, 2010 6:04 pm

OP: you seem nice, so don't be offended, but I don't believe you. There is no way that they don't teach jurisdiction as part of a the 1L curriculum.

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blue16
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Re: Civil Procedure Hornbook Question

Postby blue16 » Sat Oct 23, 2010 7:41 pm

Damn I was unaware that this was so earth-shattering.

Anonymous Loser
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Re: Civil Procedure Hornbook Question

Postby Anonymous Loser » Sat Oct 23, 2010 7:54 pm

University of Michigan Law School wrote:Civil Procedure

This course is similar to the introductory civil procedure courses taught at most law schools for the last two or three decades, with one major difference. In common with most courses, this course covers the basic institutions of civil litigation in an adversary jury trial system. Pleading, discovery, and other pretrial procedures are explored. Many trial topics are covered, with special emphasis on the procedural devices that arise out of the relationships among the parties, the judge, and the jury, the right to a jury trial, special verdicts, instructions to the jury, directed verdicts and judgments notwithstanding the verdict, new trials, and similar matters. Appeals and post-finality relief from judgments are included. At least the rudiments of claim and party joinder and res judicata also are covered. Unlike most first-year civil procedure, however, this course does not cover any of the variety of topics loosely described as jurisdiction. Those topics have been moved into the upper level elective course in Jurisdiction and Choice of Law.


If you really need someone to hold your hand while you figure out what chapters to read, my recommendation is to look in the index of your supplement for the terms indicated in red above.

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DoubleChecks
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Re: Civil Procedure Hornbook Question

Postby DoubleChecks » Sat Oct 23, 2010 7:57 pm

blue16 wrote:Damn I was unaware that this was so earth-shattering.


it'd be like me saying my contracts class doesnt teach us about offer, consideration, or acceptance lol

stayway
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Re: Civil Procedure Hornbook Question

Postby stayway » Sat Oct 23, 2010 8:08 pm

how the hell are they teaching civ pro without building on jurisdiction?

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kalvano
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Re: Civil Procedure Hornbook Question

Postby kalvano » Sat Oct 23, 2010 9:10 pm

nooyyllib wrote:how the hell are they teaching civ pro without building on jurisdiction?



Our Civ Pro class started with pleadings.

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blue16
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Re: Civil Procedure Hornbook Question

Postby blue16 » Mon Oct 25, 2010 9:08 am

Anonymous Loser wrote:
University of Michigan Law School wrote:Civil Procedure

This course is similar to the introductory civil procedure courses taught at most law schools for the last two or three decades, with one major difference. In common with most courses, this course covers the basic institutions of civil litigation in an adversary jury trial system. Pleading, discovery, and other pretrial procedures are explored. Many trial topics are covered, with special emphasis on the procedural devices that arise out of the relationships among the parties, the judge, and the jury, the right to a jury trial, special verdicts, instructions to the jury, directed verdicts and judgments notwithstanding the verdict, new trials, and similar matters. Appeals and post-finality relief from judgments are included. At least the rudiments of claim and party joinder and res judicata also are covered. Unlike most first-year civil procedure, however, this course does not cover any of the variety of topics loosely described as jurisdiction. Those topics have been moved into the upper level elective course in Jurisdiction and Choice of Law.


If you really need someone to hold your hand while you figure out what chapters to read, my recommendation is to look in the index of your supplement for the terms indicated in red above.


Yea the reason I asked was because, having never taken civil procedure, I don't really know what the "variety of topics loosely described as jurisdiction" would entail. Thank you for holding my hand though you're a gem.

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RUQRU
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Re: Civil Procedure Hornbook Question

Postby RUQRU » Mon Oct 25, 2010 9:37 am

kalvano wrote:
nooyyllib wrote:how the hell are they teaching civ pro without building on jurisdiction?



Our Civ Pro class started with pleadings.


If you are using Yeazell, the book is divided into "A" and "B" tracks. We started with "B" which is Pleadings, followed by Discovery and then Trial. We have a two semester course so in the spring we do Erie, Shoe, and jurisdiction...

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kalvano
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Re: Civil Procedure Hornbook Question

Postby kalvano » Mon Oct 25, 2010 10:24 am

RUQRU wrote:
kalvano wrote:
nooyyllib wrote:how the hell are they teaching civ pro without building on jurisdiction?



Our Civ Pro class started with pleadings.


If you are using Yeazell, the book is divided into "A" and "B" tracks. We started with "B" which is Pleadings, followed by Discovery and then Trial. We have a two semester course so in the spring we do Erie, Shoe, and jurisdiction...



We aren't using Yeazell, but I'm pretty sure that's the way our course will break down.




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