Understanding Civil ProcedureThis well-established treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down. The authors use the Federal Rules of Civil Procedure as a model, but they also refer to different state rules and doctrines where appropriate in order to present a representative cross-section of state models. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further. |
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1 Subject Matter Jurisdiction Generally | |
PART A Federal Question Jurisdiction | |
PART B Diversity Jurisdiction | |
Removal and Supplemental Jurisdiction | |
A CONVENIENT COURT | |
ASCERTAINING THE APPLICABLE | |
SIMPLE PLEADING AND PRACTICE | |
COMPLEX PLEADING AND PRACTICE | |
PART B Mechanics of Discovery | |
DISPOSITION WITHOUT TRIAL | |
TRIAL AND POSTTRIAL MOTIONS | |
APPEAL | |
a De Novo Questions of | |
REMEDIES | |
RESPECT FOR FINAL JUDGMENTS | |
PART B ISSUE PRECLUSION | |
1 Definitions of Complex Litigation | |
PART B Adding Claims by Adding Parties | |
DISCOVERY | |
Edisi yang lain - Lihat semua
Understanding Civil Procedure Gene R. Shreve,Peter Raven-Hansen,Charles Gardner Geyh Pratinjau tidak tersedia - 2013 |
Istilah dan frasa umum
5th Cir adjudication advisory committee’s notes allegations ancillary jurisdiction appellate court apply asserted attorney authority burden cause of action Civil Procedure claim preclusion class actions common law complaint constitutional controversy Corp counterclaim decision default defendant defendant’s denied directed verdict discovery discussion dismissal dispute district court diversity jurisdiction doctrine due process enforcement Erie evidence facts factual federal courts federal diversity federal question federal question jurisdiction Federal Rules filing final judgment forum non conveniens infra Int’l interlocutory International Shoe issue preclusion joinder judge judgment n.o.v. judicial jury trial Justice lawsuit limitations litigation minimum contacts MOORE motion notice party’s pendent permit personal jurisdiction plaintiff pleading preclusive effect prior provides reasonable requirement Rule 11 Rules Enabling Act Rules of Civil sanctions standard statute statutory subject matter jurisdiction substantial suit summary judgment supplemental jurisdiction supra Supreme Court theory trial court United venue WRIGHT & MILLER