Civil Procedure: Cases and ProblemsCivil 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 | |
Other editions - View all
Civil Procedure: Cases and Problems Allan Ides,Christopher N. May,Simona Grossi No preview available - 2016 |
Common terms and phrases
action activities actual additional allegations allow Amendment amount answer apply arising asserted authority brought California cause Circuit citizen civil claim class action clause common complaint concluded conduct Congress consider constitutional contract controversy corporation counterclaim Court of Appeals damages decision defendant denied determine discovery dismiss district court diversity due process effect established exercise existence facts federal court Federal Rules filed foreign give held interest involved issue judge judgment judicial jurisdiction JUSTICE limited litigation means motion noted notice operates opinion original parties permitted petitioner plaintiff pleading practice present principle privilege problem procedural proceedings proper protect provides question reasonable relevant relief removed resident respect respondent result satisfy seeking showing specific standard statute substantial sufficient suit supplemental Supreme Court tort transfer trial United venue York