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First Year Law Students - Library sources for first year classes

Library study guides for first year law classes: Civil Procedure, Contracts, Torts, Constitutional Law, Property,

Introduction

Helpful Guides for

Civil Procedure

 

Key Call Number:

KF8840

Key Subject Headings:

Civil Procedure -- United States

 

 

Drafting Pleadings??

Bradshaw v. Unity Marine Corporation, Inc., 147 F. Supp. 2d 668 (S.D. Tex. 1991)

Pleadings were allegedly drafted in crayon on the back of gravy-stained placemats and, according to Judge Kent, the briefs contained no relevant legal authority. "Before proceeding further, the Court notes that this case involves two extremely likable lawyers, who have together delivered some of the most amateurish pleadings ever to cross the hallowed causeway into Galveston, an effort which leads the Court to surmise but one plausible explanation. Both attorneys have obviously entered into a secret pact--complete with hats, handshakes and cryptic words--to draft their pleadings entirely in crayon on the back sides of gravy-stained paper place mats, in the hope that the Court would be so charmed by their child-like efforts that their utter dearth of legal authorities in their briefing would go unnoticed. Whatever actually occurred, the Court is now faced with the daunting task of deciphering their submissions. With Big Chief tablet readied, thick black pencil in hand, and a devil-may-care laugh in the face of death, life on the razor's edge sense of exhilaration, the Court begins."

It should be noted that Judge Kent's admonitions can be viewed as an inappropriate exercise of power. For a discussion of the the problem, see Steven Lubet, "Bullying from the Bench," 5 Green Bag 11 (2001).