1L Review: Civil Procedure I & II and Professor Klein

In continuing with the theme of reliving my first year of law school, I will discuss Civil Procedure.

Civil Procedure I and II are not the same (I believe I talked about this before).  Civil Procedure I is about the legal theories which set the background for civil procedure in federal courts.  Civil Procedure II, on the other hand, is nothing but specific rules which define how cases are performed in federal courts.

Many of my classmates liked Civ Pro II over Civ Pro I.  The reason: theory.  Application of a theoretical concepts can be difficult at times as compared to application of specific rules.

Of course, civil procedure II is not necessarily "easier" than civil procedure I.  Civ Pro II did contain some theoretical concepts.  First, the concept of Res Judicata and its cousin, Collateral Estoppel, are not necessarily the easiest concepts to apply to a fact pattern!  Second, although based on a rule, the application of Twombley and Iqbal can be head spinning!

Now, I crushed Civ Pro I; but, I do not feel like I crushed Civ Pro II (still awaiting grades at this point).  And it wasn't that I didn't know what I was talking about either.  It had to do with the actual exam.  I'm not sure I did my best or that the exam actually tested what I knew.  But, as Professor Klein likes to say, "it's in the box."

So moving onto Professor Klein.  He is a very nice professor.  Is he the best? Probably not.  Is he the worst?  Most definitely not!

Professor Klein has some quirky mannerisms; but, who doesn't.  When lecturing (yes he lectures more than he socratic-method teaches), he paces back and forth, puts his fist on his forehead, pauses and sits down in a chair (momentarily) and repeats.  It can amusing at times.

He also likes to tell stories.  But, his stories are entertaining and enlightening.  His stories actually have meaning and are usually related to the message he desires to get across.  His classes do not drag!

In office hours he is very open to discussing your view (he will in class too).  He is easy to talk with; but, at times I think he begins to answer your question without fully understanding your question.  In other words, he hears what he wants to hear and answers the way he heard the question.  Like I said, he does this sometimes.

In summary, Civil Procedure I and II are not alike.  Civ Pro I is more theortetical while Civ Pro II is more procedural.  Professor Klein teaches by lecture more than by socratic method.  He has some quirky habits but the habits make the class vice distract from the class.