Civil Procedure: Cases and Problems

Front Cover
Aspen Publishing, Feb 29, 2016 - Law - 1312 pages
Civil Procedure: Cases and Problems, Fifth Edition covers all topics in the first-year canon of civil procedure, and some topics in advanced litigation classes (e.g., class actions, appeals). The casebook is organized with the reality and complexities of civil litigation in mind, and follows the litigation sequence, from pleading through preclusion. Each chapter takes a practical as well as analytical approach, through (a) a series of Supreme Court and lower court opinions, (b) notes preceding and following those opinions intended to explain the underlying doctrines and principles behind them, and (c) problems intended to assess and refine students understanding of doctrines and their rationales. Ultimately, this casebook demands that students read carefully and at a detailed level, analyze critically, and apply the law from the perspective of the theories underlying the various doctrines. It provides an effective vehicle through which to teach legal analysis and to gently nudge students forward and deeper into the materials.
 

Contents

Contents Preface
Acknowledgments
Introduction
Pleadings and Related Motions
American Well Works Co v Layne Bowler
B Notice Pleading and the Federal Rules of Civil Procedure
The Answer
Pleading Review Problem
E Intervention by Absentees
F Interpleader
G Compulsory Joinder
B Challenging a Courts Subject Matter Jurisdiction
H Joinder of Claims and Parties Review Problem
Class Actions
A Constitutional Limitations on the Use of Class Actions
B Federal Subject Matter Jurisdiction

Personal Jurisdiction
In Rem and Quasi in Rem Jurisdiction
The Modern Law of Jurisdiction
International Life Insurance
Minimum Contacts and the Traditional Bases of Jurisdiction
G Personal Jurisdiction Review Problems
B Traditional Bases of Personal Jurisdiction
Service of Process and Notice
Problem
Prefiling Waiver and Consent
E Notice and Hearing When Property Is Attached
F Service of Process and Notice Review Problems
Subject Matter Jurisdiction
Diversity Jurisdiction
Grupo Dataflux v Atlas Global Group L
Problem 416
Venue Transfer and Forum Non Conveniens
A Venue in Federal Courts
Transfer of Venue in Federal Court
B Forum Non Conveniens
The Erie Doctrine and Related Problems
A Survey of the ThreeTrack Approach to the Erie Doctrine
The Validity of JudgeMade Procedural
Problem 133
E Erie Review Problems
Discovery
A Pragmatic PreliminaryDevising a Discovery Plan
The Formal Discovery Process in Federal Court
Discovery Review Problem
Joinder of Claims and Parties
Permissive Joinder of Parties by Plaintiffs
Joinder of Parties by Defendants
Requirements for Bringing a Federal Class Action Under Rule 23
Settlement or Dismissal of Class Actions
E Class Arbitration Waivers
F Class Action Review Problem
Adjudication Without Trial
A Summary Judgment
B Default Judgments
Dismissal of Actions
Adjudication Without Trial Review Problem
Trial
B The Right to a Trial by Jury
Problem 114
Motions for Judgment as a Matter of
E Motions for a New Trial
F Trial Review Problem
Appellate Review
B The Timing of an Appeal
Review Under the All Writs
Standards of Review on Appeal
Review in the U S Supreme Court
Problems 12101213
The Binding Effect of a Final Judgment
Final Valid and on the Merits
Problems 136137
B Issue Preclusion or Collateral Estoppel
the Prior Proceedings
Table of Cases
Table of Authorities
Subject Matter Jurisdiction Review Problems
Index
Copyright

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