Civil Procedure’s Five Big Ideas

54 Pages Posted: 16 Jul 2011 Last revised: 22 Jun 2016

Date Written: June 20, 2016


Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become, more openly, the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I champion is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true importance.

Keywords: Civil Procedure

JEL Classification: K40, K41

Suggested Citation

Clermont, Kevin M., Civil Procedure’s Five Big Ideas (June 20, 2016). Michigan State Law Review, Vol. 2016, No. 1, 55, Cornell Legal Studies Research Paper No. 11-29, Available at SSRN: or

Kevin M. Clermont (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-5189 (Phone)
607-255-7193 (Fax)

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