Civil Procedure: Cases and Problems

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Wolters Kluwer Law & Business, Mar 20, 2016 - Law - 1312 pages
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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.
 

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Contents

Privilege
The WorkProduct Doctrine
Discovery Related to Experts
Discovery Review Problem
Joinder of Claims and Parties
Permissive Joinder of Parties by Plaintiffs
Joinder of Parties by Defendants
National Can

Department of Transportation
The Answer
Pleading Review Problem
Pleadings and Related Motions
B Traditional Bases of Personal Jurisdiction
The Advent of Fictions
The Modern Law of Jurisdiction
International Life
A Note on the Stream
The Relatedness Requirement
Tak How Investments
Minimum Contacts and the Traditional Bases
Service of Process and Notice
Notes and Questions
Prefiling Waiver and Consent
Trickery or Fraud
F Service of Process and Notice Review Problems
Subject Matter Jurisdiction
Diversity Jurisdiction
Virginia
Nationality
Controversy in Suits
A Note on PendentParty Jurisdiction
Limits on the Removal
Venue Transfer and Forum Non Conveniens
A Venue in Federal Courts
Provision
B Forum Non Conveniens
A Note on Forum Non Conveniens
The Erie Doctrine and Related Problems
The Demise of Federal General Common Law
A Survey of the ThreeTrack Approach to the Erie
The Validity of Formal
Procedural Statutes Formal
Hartford Life and Accident
Plumer Part
Courts
Discovery
F Interpleader
G Compulsory Joinder
Western Life Ins
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
Requirements for Bringing a Federal Class Action
Problems 914916
E Class Arbitration Waivers
F Class Action Review Problem
A Summary Judgment
Recent Developments
C
Adjudication Without Trial
Problem 115
E Motions for a New Trial
Appellate Review
b Interlocutory Appeals Under 1292b
Certification Under Rule 54b
Review in the U S Supreme Court
a The FinalJudgment Rule
Problems 12101213
The Binding Effect of a Final
Insurance
Final Valid and on the Merits
b Validity
B Issue Preclusion or Collateral Estoppel
Dimensions of an Issue
Evergreens Problem
Decided and Necessary
The Principles of Mutuality
Venue Transfer and Forum
Intersystem Preclusion
Table of Cases
Table of Authorities
Index
Copyright

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