Introduction

This unit of the course introduces you to Civil Procedure in a few different ways.

1.1 Welcome to Civil Procedure explains what civil procedure is and how it differs from your other courses at law school. It also provides a “course in a nutshell,” explaining the different kinds of motions and procedures we will encounter and how the course is organized. Think of the class a bit like an accordion; you are now seeing it “folded up,” and later we will expand it—indeed I often repeat excerpts from these materials in the introductions to other units to refresh your memory.

1.2 An Introduction to the Theory Side of Civil Procedure does what the title says. It provides excerpts from a famous article by Prof. Marc Galanter and introduces an important critical lens to your study of the course: not all parties come into court with the same resources or strategies. The organizational structure of civil procedure will systematically favor some interests over others, exerting a “gravitational pull” on the substance and law. This reality reflects the “power of procedure”—who wins and who loses can often depend on the procedures that govern a lawsuit as much as the substantive law. We will return to this theme many times in the course. For those interested in situating the current moment of legal education and legal theory in a broader history, I also provide an optional reading by Prof. William Fisher.

1.3 Simple(?) Introductory Case uses a seemingly simple case to show you how complex civil procedure can become and how much is going on “under the surface.” I also use it to demonstrate the “power of procedure” in a seemingly neutral setting.

1.4 Introduction to Theories of Adjudication is meant to help you understand what we think judges are doing or meant to be doing. These videos introduce you to two historically prominent U.S. theories, legal formalism and legal realism, with very different views about the proper role of judges. These materials will be helpful not just for Civil Procedure but all your 1L courses (and indeed, I believe all your law school classes). We will supplement these materials later in the course with discussions of legal constructivism (associated with the late legal philosopher Ronald Dworkin) and Critical Race Theory.

Except Unit 1.3, these are materials you will probably return to a few times in the course when you want a refresher on the bigger picture.