Teaching Moment: “The plaintiff sued the defendant”

Judge Judy - Custom bicycle-5When I first introduce my students to the concepts of reading and briefing a case, of Socratic Method, and after they’ve had a chance to watch the clip from The Paper Chase where Professor Kingsfield asks Mr. Hart for the facts of the case, I like to share with them a helpful and humorous piece of advice from my Civil Procedure professor on my first day of law school many years ago.

The advice was: If you’re ever asked for the facts of a case and you’re not quite prepared or need an extra moment, you can always says, “Well, Professor, the plaintiff sued the defendant.”

While offering a nice chuckle and a good strategy in a pinch, it also gives students a useful lexical chunk to solidify in their brains. More importantly, it helps demonstrate to international students the expectation that a more detailed answer needs be provided when a professor asks for the facts of a case. And, if you’re so inclined, it also provides an opportunity to make the distinction between civil law (plaintiff + defendant) and criminal law (government/prosecutor + defendant) cases.

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