Civil Procedure: Examples and ExplanationsThere are two types of Civil Procedure students -- those who use Glannon's helpful paperback and those who end up wishing they did. This phenomenally popular paperback text entered its Third Edition with the unqualified endorsement of students who consider it a survival guide and teachers who recognize it as a worthy partner to any casebook. In the hallmark Examples & Explanations Series style, The book follows a consistent format: each chapter contains explanatory text followed by questions which test student understanding, which are in turn followed by suggested answers. While preserving his distinctive style and approach, Glannon's revisions reflect recent case law and changes in the Rules, such as: -service of process (Rule 4) -venue -an enhanced section on discovery including two new chapters address the scope of discovery under Rule 26 And The major tools of discovery CIVIL PROCEDURES: Examples and Explanations, Third Edition emphasizes personal and subject matter jurisdiction, res judicata, and collateral estoppel. Six full chapters illustrate pleadings and motions, with thorough explanation For The lawyers' strategy. To show how doctrines operate in relation to one another, several chapters compare and contrast related doctrines, such as: -joinder and jurisdiction -judgment n.o.v. -res judicata and joinder Glannon also explains corollaries and qualifications of the doctrine, and offers an unmatched treatment of Erie. By taking an unpretentious approach to civil procedure and using humor and historical names where appropriate, Glannon puts complex concepts within reach of the typical student. Also by Glannon: The Law of Torts: Examples & Explanations and don't forget Glannon's popular AUDIO PROGRAM: Fireside Civil Procedure: An Audio Companion Civil Procedure: Table of Contents Preface to Students Acknowledgements Special Notice PART ONE: CHOOSING A PROPER COURT 1. Personal Jurisdiction: The Enigma of Minimum Contacts 2. Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long-Arm 3. Seeking the Home Field Advantage: Challenges to Personal Jurisdiction 4. Diversity Jurisdiction: When Does Multiplicity Constitute Diversity? 5. Personal and Subject Matter Jurisdiction Compared: The First Two Rings 6. Second-Guessing the Plaintiff's Choice of Forum: Removal 7. Proper Venue in Federal Courts: A Rough Measure of Convenience 8. Choosing a Proper Court: The Three Rings Reconsidered PART TWO: STATE LAW IN FEDERAL COURTS 9. Easy Erie: The Law of Rome and Athens 10. Eerie Erie: The Substance/Substance Distinction 11. Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos PART THREE: THE SCOPE OF THE ACTION 12. Sculpting the Lawsuit: The Basic Rules of Joinder 13. Into the Labyrinth: Joinder of Parties under Rule 14 14. Jurisdictional Fellow Travelers: Supplemental Jurisdiction 15. Jurisdiction vs. Joinder: The Difference between Power and Permission PART FOUR: STEPS IN THE LITIGATION PROCESS 16. The Bearer of Bad Tidings: Service of Process in the Federal Courts 17. Getting Off Easy: The Motion to Dismiss 18. The Scope of Discovery: The Rules Giveth, And The Rules Taketh Away 19. Tools of the Trade: Basic Methods of Discovery 20. Defective Allegation or Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment 21. The Judge And The Jury, Part One: Judgment as a Matter of Law (Directed Verdict) 22. The Judge And The Jury, Part Two: Whose Case is This, Anyway? PART FIVE: THE EFFECT OF THE JUDGEMENT 23. Res Judicata: The Limits of Procedural Liberality 24. Res Judicata And The Rules of Joinder: When Does May Mean Must? 25. Collateral Estoppel: Fine-Tuning the Preclusion Doctrine 26. T |
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