• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law School Toolbox®

All the tools you need for law school success

  • Tutoring
  • Courses
    • Start Law School Right
  • Job Help
  • Law School 101
  • Blog
  • Podcast
  • About

First-Hand Guide To 1L Courses – Civil Procedure

August 7, 2017 By Shirlene Brown Leave a Comment

Guide to 1L Courses Civil ProcedureDid you know the first law classroom scene from Legally Blonde was Civil Procedure? Well, neither did I until I actually took the class. However, Civil Procedure is a core class for most 1L students. It is important to understand the intricacies of the law and what happens in the background of your favorite legal dramas.

What Is Civil Procedure?

Well, Civil Procedure is just that, class on the procedure for civil law. This course takes you through the process of litigating a civil lawsuit and the intricacies surrounding it. Civil Procedure takes you through the federal civil lawsuit process, but professors usually try to explain differences between the federal and state processes. I know you may be thinking, “Why should I learn this if I don’t plan on being a litigator?” or “Why should I care about the federal procedure when I plan on dealing with only state courts?” Well, there are multiple answers to that. Not only is federal procedure important to understand in general, it affects all civil law (including state’s court rules). Also, as a core class, Civil Procedure is designed to help you start thinking critically as a lawyer. Thus, it is important for all students to take this class.

Two Approaches

There are two approaches to learning Civil Procedure: top-down and bottom-up. The top-down approach focuses on the constitutional environment in which the individual lawsuit exists. This approach deals with the history of understanding the Constitution and the modern interpretation of Constitutional importance. The bottom-up approach deals with the life cycle of an individual lawsuit. This approach deals with how parties state their grievances and defenses, gather information and develop arguments, and come together to work towards a resolution. In order to fully understand Civil Procedure, you need to comprehend both approaches.

The Rules

The Rules, i.e. the Federal Rules of Civil Procedure. Your figurative bible that deals with all that is Civil Procedure. This will be the focus of the bottom-up approach. You will learn the process of a civil lawsuit and how the Rules create standards that a lawyer must follow when filing and pursuing a lawsuit. The purpose of the Rules was to create one cause of action in civil law, civil action. Prior to the creation of the Rules, Courts required individuals to plead writs or codes as a cause of action in order to hear the case. Now, individuals do not have to worry about their lawsuit being thrown out for pleading the wrong code or writ, they are able to focus on the seeking relief for their claim. The main focus with the Rules will be how courts have interpreted the meaning behind the Rules and how they have affected lawsuits.

Jurisdiction, International Shoe and What?

So, these words sound scary but they will be the focus of one of your semesters of Civil Procedure. The top-down approach to Civil Procedure focuses on the Constitutional restrictions on civil litigation. Jurisdiction means the power to decide the law, meaning the power of a court to render a binding decision on a lawsuit. In order to hear a case, a court must have personal jurisdiction and subject matter jurisdiction. You will learn about the specific intricacies of each type of jurisdiction and the leading cases that have changed how courts view jurisdiction. It is important to keep both types of jurisdiction straight because each have sub-categories and specific tests. This all can be a bit challenging for a new law student, but it is pretty straightforward once you look at the bigger picture.

Don’t Stress

Civil Procedure is a class that many students struggle with, especially in their first semester. The whole process can seem distant and confusing but this class does not have to be stressful for you. If you understand the Rules and what jurisdiction is, you have already fought half the battle. Things will definitely be challenging at first (especially if it is your first semester!) but as long as you work hard, Civil Procedure will be a piece of cake! If you need help understanding, get tutoring or purchase a supplement in order to fully grasp this difficult subject.


 

Looking for some help to do your best in law school? Find out about our law school tutoring options.


About Shirlene Brown

Shirlene Brown is a first-generation student in her last year at Wayne State University Law School in Detroit, Michigan. At Wayne, Shirlene has been involved with numerous organizations and clubs, including mock trial, LexisNexis, the Women's Law Caucus, and the Journal of Law and Society. Shirlene enjoys mentoring others and sharing what she has learned on her legal journey and continues to work hard in accomplishing her dreams.

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

  • Podcast
  • Facebook
  • RSS
  • Twitter

About Us

If you find law school tough, you are not alone! The Law School Toolbox team is here to help you through it. Check out our helpful free content, podcasts, courses and one-on-one tutoring. Thanks for stopping by and drop us a line if you have any questions. We also invite you to join our weekly mailing list, for advice right to your inbox.

Recent Posts

What’s on My Law School Bucket List

What’s on My Law School Bucket List

I can hardly believe it, but my first year of law school is coming to a close. With the end of 1L, I’ve been reflecting on both how far I’ve come and … Read More about What’s on My Law School Bucket List

Podcast Microphone

Podcast Episode 392: Listen and Learn — Recording Statutes (Real Property)

Welcome back to the Law School Toolbox podcast! Today, as part of our "Listen and Learn" series, we're talking about the purpose of recording … Read More about Podcast Episode 392: Listen and Learn — Recording Statutes (Real Property)

7 Ways to Be a Great Intern

7 Ways to Be a Great Intern

Once you land a great internship, your job is not done. You have to be a great intern. Being an intern is hard, but simple things can make you a … Read More about 7 Ways to Be a Great Intern

Podcast Microphone

Podcast Episode 391: How to Show Up as a Summer Associate (w/Sadie Jones)

Welcome back to the Law School Toolbox podcast! Today, we have ex-BigLaw recruiter Sadie Jones on the podcast to talk about the expectations that law … Read More about Podcast Episode 391: How to Show Up as a Summer Associate (w/Sadie Jones)

Ten Tips to Prepare for Success in Your Oral Argument Assignment

Ten Tips to Prepare for Success in Your Oral Argument Assignment

If you’re someone like me who cringes at the thought of public speaking and debating, doing an oral argument for your legal writing class or moot … Read More about Ten Tips to Prepare for Success in Your Oral Argument Assignment

Want Better Law School Grades?

Sign Up for Our Exam Tips!

Footer

  • Podcast
  • Facebook
  • RSS
  • Twitter
  • YouTube
  • Blog
  • Podcast
  • Tutoring
  • Courses
  • Job Help
  • About
  • Contact
  • Login
  • Privacy Policy
  • Terms & Conditions
  • Refunds

Copyright 2023 Law School Toolbox®™