Civil Procedure: Theory and Practice

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Aspen Publishers, 2006 - Law - 1202 pages
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The new edition of this thought-provoking casebook incorporates important new material into a framework that has been proven and updated through classroom use. CIVIL PROCEDURE: Theory and Practice, Second Edition, integrates traditional, thorough doctrinal coverage and the Socratic method with contextual, strategic lawyering perspectives and the opportunity to explore challenging theoretical questions.
The casebook helps students recognize the relevance of procedural issues in litigation by:
using the Socratic method to encourage student thought, with introductory text, examples, and hypotheticals to equip students for the challenges of practice
creating a sophisticated yet clear and straightforward text that provides students with clear exposition that never hides the ball yet still requires students to work to achieve deeper insights
opening with an overview of the entire civil litigation process, using the landmark N.Y. Times v. Sullivan case, real pleadings, and actual discovery materials to introduce basic elements of civil litigation
showing the connection between the classroom and the courtroom with an innovative Anatomy of a Litigation case study chapter that leads students systematically through the process from pleadings to verdict and requires students to apply what they learn to a factually complex tort case centered around an airplane crash
providing comprehensive coverage of the full range of topics, including in-depth treatment of personal and subject matter jurisdiction, complex joinder, preclusion, and alternative dispute resolution
facilitating analysis with accessible background material for each major case
utilizing extensive notes and questions to frame conceptual issues and provide the beginning of the answer so students have a starting point and are able to develop strategic and critical thinking skills
selecting an excellent assortment of leading cases and high-interest cases, balancing lightly edited cases for analysis with tightly edited cases to cover more conceptual ground and strategy objectives
The Second Edition introduces exciting new content and coverage:
new co-author Tobias Barrington Wolff brings his valuable experience and expertise to the writing team
a new chapter on remedies and provisional relief provides vital coverage of the larger litigation process
additional coverage of trial procedures and juries allows instructors to emphasize the practical side of adjudication
updated material on class actions and joinder (thorough, up-to-date coverage of revised Federal Rule 23, the Class Action Fairness Act of 2005, and other recent developments in complex litigation) and notice, due process, and personal jurisdiction (expanded discussion of procedural due process and its relationship to notice and jurisdiction; more concise treatment of nationwide jurisdiction and other less central issues)
revised preclusion chapter responds to feedback from adopters on how best to synthesize material for students and includes a section on the doctrine of judicial estoppel recently embraced by the U.S. Supreme Court in New Hampshire v. Maine
thorough, easy-to-understand treatment of Semtek and its relationship to the Erie doctrine
new comparative material on attorneys fees to introduce students to the many alternatives that exist within and outside the standard American legal system
fully revised Teachers Manual offers sample syllabi and helpful suggestions on course structuring

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Contents

Introduction
1
B Illustration of the Stages of a Lawsuit
13
PostTrial Proceedings
48
Copyright

58 other sections not shown

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