Outdated cases for Federal Rules?

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adude
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Outdated cases for Federal Rules?

Postby adude » Fri Feb 25, 2011 9:13 pm

The cases in our course book quote old versions of the Fed Rules. Oftentimes the language has been removed or has been greatly changed. Any suggestions on a good supplement explaining the 2011 fed rules?

09042014
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Re: Outdated cases for Federal Rules?

Postby 09042014 » Fri Feb 25, 2011 9:33 pm

adude wrote:The cases in our course book quote old versions of the Fed Rules. Oftentimes the language has been removed or has been greatly changed. Any suggestions on a good supplement explaining the 2011 fed rules?


You probably shouldn't deviate from whats being taught in class. Ask your prof to be sure.

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Unitas
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Re: Outdated cases for Federal Rules?

Postby Unitas » Fri Feb 25, 2011 9:43 pm

Desert Fox wrote:
adude wrote:The cases in our course book quote old versions of the Fed Rules. Oftentimes the language has been removed or has been greatly changed. Any suggestions on a good supplement explaining the 2011 fed rules?


You probably shouldn't deviate from whats being taught in class. Ask your prof to be sure.


Agreed, but don't you use the actual FRCP book?

09042014
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Re: Outdated cases for Federal Rules?

Postby 09042014 » Fri Feb 25, 2011 10:49 pm

Unitas wrote:
Desert Fox wrote:
adude wrote:The cases in our course book quote old versions of the Fed Rules. Oftentimes the language has been removed or has been greatly changed. Any suggestions on a good supplement explaining the 2011 fed rules?


You probably shouldn't deviate from whats being taught in class. Ask your prof to be sure.


Agreed, but don't you use the actual FRCP book?

missinglink
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Joined: Mon Dec 07, 2009 12:49 am

Re: Outdated cases for Federal Rules?

Postby missinglink » Sat Feb 26, 2011 1:02 am

I'm pretty sure the changes to Rule 15 caused a lot of people to misstate the law on their CivPro exams last semester. By and large, our class was supplement-driven, and so they were relying on the older Rule 15 language. And wouldn't you know it, we had an entire question based on relation-back and proper amendments. Talking to people after the exam, most seemed unaware that the rules had changed.

I would (1) follow your professor, and (2) follow the new FRCP. You have a rulebook?

adude
Posts: 92
Joined: Sat Nov 27, 2010 3:41 am

Re: Outdated cases for Federal Rules?

Postby adude » Sat Feb 26, 2011 1:51 am

missinglink wrote:I'm pretty sure the changes to Rule 15 caused a lot of people to misstate the law on their CivPro exams last semester. By and large, our class was supplement-driven, and so they were relying on the older Rule 15 language. And wouldn't you know it, we had an entire question based on relation-back and proper amendments. Talking to people after the exam, most seemed unaware that the rules had changed.

I would (1) follow your professor, and (2) follow the new FRCP. You have a rulebook?


Ya, I've got the rulebook. I would just prefer to be learning the recent FRCP and not the old version through our class work. It seems pointless to learn old rules when they have been changed and we would have to apply them in a different way. The only value I can see to this is using the old rules for legislative intent arguments. If there is a supplement with commentary on this year's version that would be ideal.

missinglink
Posts: 946
Joined: Mon Dec 07, 2009 12:49 am

Re: Outdated cases for Federal Rules?

Postby missinglink » Sat Feb 26, 2011 2:49 am

I'm not aware of any of the major supplements having been updated to reflect the changes. Kind of annoying, but you'll just have to keep track of where things are different - unless someone else pops in here with a suggestion.

Anonymous Loser
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Re: Outdated cases for Federal Rules?

Postby Anonymous Loser » Sat Feb 26, 2011 3:40 am

adude wrote: It seems pointless to learn old rules when they have been changed and we would have to apply them in a different way. The only value I can see to this is using the old rules for legislative intent arguments.


Your goal is to get an "A" in your civil procedure course, not to learn the substantive rules governing civil matters in the federal courts. The sooner you learn that these two goals are entirely separate, the better.

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vamedic03
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Re: Outdated cases for Federal Rules?

Postby vamedic03 » Sat Feb 26, 2011 11:36 am

adude wrote:
missinglink wrote:I'm pretty sure the changes to Rule 15 caused a lot of people to misstate the law on their CivPro exams last semester. By and large, our class was supplement-driven, and so they were relying on the older Rule 15 language. And wouldn't you know it, we had an entire question based on relation-back and proper amendments. Talking to people after the exam, most seemed unaware that the rules had changed.

I would (1) follow your professor, and (2) follow the new FRCP. You have a rulebook?


Ya, I've got the rulebook. I would just prefer to be learning the recent FRCP and not the old version through our class work. It seems pointless to learn old rules when they have been changed and we would have to apply them in a different way. The only value I can see to this is using the old rules for legislative intent arguments. If there is a supplement with commentary on this year's version that would be ideal.


Learn what the professor teaches. The professor grades your exam, hence until your class is over, your prof is always right.




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