Showing posts with label civpro. Show all posts
Showing posts with label civpro. Show all posts

Monday, November 5, 2007

Cyclical Ridiculousness

So just when I was ready to actually conquer the day, it happened. The Wall. I call it The Wall, but really it's the 2hr block of time that I have CivPro and Contracts back to back. It's The Wall because I always hit it and it always flattens me on my butt. I wish I could pretend like it doesn't but no, it really does. First off, there's CivPro. And today was one of the bad days. He gets started on a subject that at face value isn't difficult-- removal jurisdiction-- but then goes off on tangents, gets complicated, loops back on himself 100x. It wouldn't be so bad if it weren't so frustrating. It makes me want to cry, makes me want to scream, makes me want to throw my thick book at him and demand that he focus himself for 50 minutes. But yet, I sit there, trying valiantly to follow along as much as possible, trying to take notes. At the end of class today, I realized my 1pp of notes made NO sense. Sighs. Am I the only one lost and frustrated? And then part deux of The Wall happened. Contracts. Ok, he asks a question, no one answers, so I raise my hand. He totally ignores me, says "let's hear from someone we haven't in a while." Dude, there are only 40 people in the class, and I don't want to go through a cycle of student answer-prof blithering-student bumbling-prof smirking. So I raise my hand. Whatever. I shouldn't bother. That's another class I do better with not going to class. And I don't understand what's so hard about Damages. Look at the contract, look at who breached and why, look at the difference in the two parties now. Viola. Magic. I think it's become so complex because he's gotten so far into the weeds that we're examining soil types (hang in there, I know that was a science analogy). Ridiculousness. And today he then speeds through Liquidation Damages at 100mph so we can move on. What was that all about? And let's not forget that with the Observer (think "Tenure committee watchman") in the back of the room the past 2 classes we've actually had a differently behaved prof. Can't wait for Wednesday and another round of The Wall.

Saturday, November 3, 2007

Civil Procedure

Let's discuss Civil Procedure (we call it "CivPro"). It's 1/3 of the 1L class in size (about 80-100). My professor has clearly taught the class for a few too many years. He stands up at the alter (ok, it's really an elevated platform with a podium, but it feels like an alter) and gives 150min of oratory over the course of the week. I originally chose a seat about halfway back--just where I like it. I can keep a cautious eye out for what's happening both with the subject matter and with the rest of the students, but I am not in the prof's line of fire or eye contact. Anyway, so he has a seating chart with our names and pictures on it. For the first 2.5 months, the girls were all safe--he ONLY called on males. Imagine the groaning and gasping shock of all the females in the room the first day he said "Doe, Jane." We were no longer safe from the firing squad. Not that it matters really. He randomly calls on students and then whether or not they get the correct answer, spends 10 min in oratory about the topic which is in some way suppose to relate to the question he asked. I'd say that I could follow him, but I am lucky to follow about 25% of what he says. And I have discovered that it is quite common for everyone else to have the same percentage. He constantly circles back around on his point over and over again.

And that brings me to my problem in that class. I just can't pay attention. First of all, the school installed wireless internet. Brilliant. So the temptation to talk on IM or email during class is high. Second of all, I can't pay attention because the more I listen, the more confused it becomes. He discusses a case, then goes off on hypothetical questions for days on end. Commercial outlines don't help the situation at all-- they just reiterate the fact that he's blithering on and on and on. My notes have progressively gotten shorter, my briefs down to about a paragraph, if that. It's the one class that I dread going to-- I never know how bad it will be any given day. And I have tried to participate, but he just twists whatever you say around and around until everyone is left confused.

And let's be honest: the topics we cover are classic and not all that hard to understand...in personam/subject matter/in rem/federal/diversity/removal jurisdiction...It's November and I am seriously starting to wonder if he won't dream up some other jurisdiction just so we never move onto another topic. Apparently next we're going to be talking about "Venue". That's if we ever stop talking about jurisdiction. It isn't a hard concept, really. You have jurisdiction if a-b-c-d apply, if e-f-or g apply, you don't. Look at the statutes. Look at the rules. Look at the cases. Evaluate and conquer. Not a lot of brain power required. But the way he presents the material drives everyone up the wall and I think some of my classmates might be nearing insanity.

I look around the room during class, and I'd say maybe 10% are paying attention. Some are just relying on self-teaching, commercial outlines, old student outlines, etc. to get them through the class. I have a ethical issue doing that--first off, I am paying $35k/year, so I am going to get my money's worth. Second of all, you never know when he's going to say something that is actually valuable/relevant. What other people (commercial or former students) think is valuable or helpful might not be at all for you. So isn't it worth it to pay attention in the class? At least as much as your sanity will allow?

But the class is definitely draining. I need caffeine or sugar to get through it, and at the end my head hurts and I just want a nap. 13 left to go. Then the dreaded final.