Wednesday, March 24, 2004

Of Brick Walls and Fine Print

First things first, CivPro is heating up. It's funny, reading the cases and 28 U.S.C. 1367 last night, the idea of supplemental jurisdiction didn't seem that complicated. That is, however, because I just lumped Rules 14, 19, 20 and 24 into one big "crap dealing with joinder of parties" category and then went on to the next thing. Big mistake.

It seems one of the problems of the study of law is its interrelatedness. You can do all you can from a pedagogical perspective to lay out the principles in a nice step-by-step order, but there are some things you can't teach without at least alluding to other more difficult principles. Joinder is its own unit, but we have to use it now. The same is true of the Statute of Frauds in Contracts and Property. The problem is that the typical law student is not content with a small portion of a big piece of knowledge, in fact, he or she is usually confused and frustrated by it. Alas, these things happen. So I'm about to go into a trance and mumble "common nucleus of operative fact" over and over. Come tomorrow, it'll all make sense. I hope.