Professors who want their students to gain a solid foundation in the doctrine, theory, and applications of civil procedure discovered a dependable teaching partner in CIVIL PROCEDURE: Cases and Problems. Now, in its Second Edition, this clear and explicit casebook continues to provide an appropriate blend of direct explanations, excellent cases, and class-tested problems to help students master this challenging subject. These distinctive features make the book a refreshing alternative: written by the authors of the hugely successful Examples & Explanations study guides for Constitutional Law introductions and transitional text are accessible, without being overly simplified innovative yet flexible organization, beginning with relatively easy, rules-based material and maintaining an essentially chronological approach, from the filing of the suit though appeals and the effect of judgment, with more complex rules taught after the students develop an understanding of the interplay between the rules of procedure and litigation chapters can be taught in any order for maximum classroom flexibility more than 200 problems interspersed throughout the text lightly edited cases develop first-year students doctrinal analysis skills narrative overview of Civil Procedure in the first chapter contains a hypothetical case that illustrates each of the major topics integrated approach to covering Alternative Dispute Resolution and Rule 11 of the Federal Rules of Civil Procedure comprehensive Teachers Manual explains the authors approach, provides analysis of cases and answers to problems, gives extra guidance for topics students find difficult, includes diagrams and overheads, and suggests sample syllabi for different credit hours The Second Edition addresses: rapid developments in personal jurisdiction and the internet the new Class Action Fairness Act amendments to the Federal Rule of Civil Procedure 23 Multiforum Jurisdiction Act of 2002 and other congressional acts involving federal jurisdiction significant changes to the Federal Rules of Civil Procedure pertaining to pleadings and discovery, including the problem of retrieval of computer files new case law, including several procedure and subject matter jurisdiction cases recently decided by the Supreme Court
The first work to describe how the Maryland Rules interact with statutory and common law rules governing original and appellate jurisdiction, venue, trial by jury, and res judicata, Modern Maryland Civil Procedure discusses extensively the judicial interpretation of the rules. It addresses many unanswered questions about the shape and direction of Maryland law in light of the experience of other states and the federal courts. The book also discusses recent changes in Maryland law, such as subject matter jurisdiction, the right to trial by jury, and discovery rules.
This new edition of a well-established book is a timely response to the enactment during the past 3 to 5 years of new rules of civil procedure which are now in force, or are soon coming into force in the vast majority of Caribbean jurisdictions. The third edition has been substantially revised and augmented to take into account the revision of the rules and covers the new rules in detail. The book also provides coverage of the recent case-law coming out of Jamaica and the Organisation of Eastern Caribbean States (OECS), under the new rules of civil procedure. This book is essential reading for students of Commonwealth Caribbean law as well as anyone wishing to get to grips with the new rules of civil procedure.
Language Arts & Disciplines by John David McClean,David McClean
For over a century states have co-operated in providing evidence for use in civil trials in other countries. The growth of international crimes such as drug-trafficking, money-laundering, terrorism, and insider-trading now pose a substantial threat to the economies and stabilities of states, and governments and international organizations have been quick to expand past civil law experience into a variety of responses - both diplomatic and institutional - to the new international crimes. This new edition draws on recent international events, new legislation, and important developments under the aegis of the EC, but retains an important awareness of both civil and criminal dimensions. It will be a useful book to litigation professionals, legislators, and policy-makers.
CrunchTime provides a comprehensive topic breakdown and critical information review all in one tool! the application flow charts can be used all semester long, but the capsule summaries are ideal for exam preparation. Each title offers capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers, and recommended approaches for crafting essays that will get winning grades! CrunchTime Series Features: Capsule summary of subject matter Condensed format Flow charts illustrate major concepts Multiple-choice questions with answers Essay questions with model answers
A practice-oriented guide for any lawyer involved in litigation or arbitration in the United States but who faces issues that go beyond its borders. Both international litigation and arbitration are extensively covered in this work. The chapters revolve around the practical problems which face the litigator - service of proceedings, discovery, the obtaining of evidence and enforcement of judgments and awards. In addition, some important topics in substantive law are addressed.
Civil Procedure: Preclusion in Civil Actions begins with an exploration of the theoretical basis for the principle of preclusion in civil litigation. Part II will then develop the basic rules of preclusion that apply when the second action is between the same parties and occurs in the same jurisdiction as the first. Part III focuses on the difficulties of determining when and to what extent each party in the second action is either "the same" as one of the parties in the first, or w as sufficiently represented by one of the parties in the first proceeding to bring into play the rule s developed in Part II. (This part will include discussion of problems of preclusion in the context of class actions.) Part IV then expands the inquiry to consideration of the effect of a judgment on non-parties to the first proceeding, and finally, Part V will explore the inter-jurisdictional aspects of the law of preclusion.
Students deem Civil Procedure to be one of the hardest classes in law school for good reason. Doctrines from personal jurisdiction to res judicata are difficult to apply to exam fact patterns, and the policies underlying the federal rules can be difficult to grasp. The course is a complex hybrid of common law, statutes, rules, and some constitutional doctrine. For the first time, Oxford University Press equips students with an accessible guide to acing this most challenging of law school tests. In Civil Procedure: Model Problems and Outstanding Answers, Scott Dodson helps students demonstrate their knowledge of civil procedure in the structured and sophisticated manner that professors expect on law school exams. This book includes clear introductions to the major topics in civil procedure, provides hypotheticals that students can expect to see on an exam, and offers model answers to those hypotheticals. Professor Dodson then gives students the opportunity to evaluate their own work with a comprehensive self-analysis section. This book prepares students by challenging them to use the law they learn in class while also explaining the best way to express an answer on law school exams. This second edition has been updated to reflect recent changes to the federal rules of civil procedure. It incorporates new paradigm cases, including Wal-Mart, Goodyear, and McIntyre. The second edition also reflects the new rule and statutory amendments, including the Federal Courts Jurisdictions and Venue Clarification Act of 2011.
Lively and engaging, Civil Procedure, Second Edition, breaks down the complex principles of Civil Procedure into its constituent parts, and then reassembles them into a cohesive model that students can readily grasp. Popular bar lecturer and casebook author Richard Freer offers an invaluable learning tool for students struggling to understand this challenging course. Eminently suitable for use alongside any casebook, Civil Procedure, Second Edition, features: broad coverage that reflects the topical content of the leading casebooks defining the issue, a chapter opener that clearly explains major concepts and places them in context salient connections among related concepts, (e.g., personal jurisdiction, subject matter jurisdiction, and venue are all discussed in terms of the overarching theme of selecting a court) strategically positioned hypotheticals that show students how to apply the doctrine and rules to the facts, particularly for difficult legal concepts such as aggregation and supplemental jurisdiction analytical frameworks on topics such as personal jurisdiction and Erie synthesize complex doctrine and suggest a format for addressing fact patterns Updated throughout, the revised Second Edition of Civil Procedure incorporates: the restyled Federal Rules of Civil Procedure commentary on case law concerning discovery of electronically stored information discussion of the Class Action Fairness Act Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, the landmark opinion regarding federal question jurisdiction Bell Atlantic v. Twombly, impacting the traditional notice pleading of the Federal Rules expanded coverage of Exxon Mobil Corp. v. Allapattah, regarding diversity jurisdiction Written with wit, clarity, and a commitment to teaching, Richard Freer's Civil Procedure shows students how the various doctrines fit together into a comprehensive and cohesive framework. Students have found the book remarkably clear and helpful: "an excellent guide to Civil Procedure. ... I was essentially lost for the majority of my Civil Procedure class until I bought this book." "... I find myself coming back to Freer's book to clarify topics that are covered in my casebook." "... full of examples and frameworks that assure success on your CivPro exam." From student reviews on Amazon.com. *A Teacher's Manual may be available for this book. Teacher's Manuals are a professional courtesy offered to professors only. for more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected]
Court Interpreters in the Judicial Process, Second Edition
Author: Susan Berk-Seligson
Publisher: University of Chicago Press
Susan Berk-Seligson’s groundbreaking book draws on more than one hundred hours of audio recordings of Spanish/English court proceedings in federal, state, and municipal courts—along with a number of psycholinguistic experiments involving mock juror reactions to interpreted testimony—to present a systematic study of court interpreters that raises some alarming, vitally important concerns. Contrary to the assumption that interpreters do not affect the dynamics of court proceedings, Berk-Seligson shows that interpreters could potentially make the difference between a defendant being found guilty or not guilty of a crime. This second edition of the The Bilingual Courtroom includes a fully updated review of both theoretical and policy-oriented research relevant to the use of interpreters in legal settings, particularly from the standpoint of linguistic pragmatics. It provides new insights into interpreting in quasi-judicial, informal, and specialized judicial settings, such as small claims court, jails, and prisons; updates trends in interpreter certification and credentialing, both in the United States and abroad; explores remote interpreting (for example, by telephone) and interpreter training programs; looks at political trials and tribunals to add to our awareness of international perspectives on court interpreting; and expands upon cross-cultural issues. Also featuring a new preface by Berk-Seligson, this second edition not only highlights the impact of the previous versions of The Bilingual Courtroom, but also draws attention to the continued need for critical study of interpreting in our ever diversifying society.
Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.
Does objectivity exist in the news media? In The Invention of Journalism Ethics, Stephen Ward argues that given the current emphasis on interpretation, analysis, and perspective, journalists and the public need a new theory of objectivity. He explores the varied ethical assertions of journalists over the past few centuries, focusing on the changing relationship between journalist and audience. This historical analysis leads to an innovative theory of pragmatic objectivity that enables journalists and the public to recognize and avoid biased and unbalanced reporting. Ward convincingly demonstrates that journalistic objectivity is not a set of absolute standards but the same fallible but reasonable objectivity used for making decisions in other professions and public institutions. Considered a classic in the field since its first publication in 2004, this second edition includes new chapters that bring the book up to speed with journalism ethics in the twenty-first century by focusing on the growing dominance of online journalism and calling for a radical approach to journalism ethics reform. Ward also addresses important developments that have occurred in the last decade, including the emergence of digital journalism ethics and global journalism ethics.
For two decades Examples & Explanations: Civil Procedure has helped students understand the intricacies of civil procedure. Professor Glannon, using the extremely successful Examples & Explanations format that he created, teaches students about civil procedure in an entertaining and elucidating way. Now in its Sixth Edition, this amazing study aid continues to provide clear, engaging introductions to the principles of civil procedure, together with appealing examples that illustrate how these principles apply in typical cases. Students and professors are united in their high regard for this text that helps make a difficult subject accessible: Professor Glannon's unique and entertaining style engages students and helps them to more easily understand difficult concepts Clear and accessible introductions and explanations cover all aspects of the first-year course including the difficult areas of res judicata, collateral estoppel, personal and subject matter jurisdiction, and three chapters on various aspects of the Erie doctrine The proven and popular examples and explanations format is highly effective for learning and applying the Federal Rules of Civil Procedure Examples progress gradually from simple to challenging and build students' confidence The frequent use of visual aids including diagrams, charts, and documents helps students grasp complicated ideas The Sixth Edition has been completely updated throughout, and all citations reflect the most current law. In addition: A new chapter on joinder analyzing Rules 19 and 24 Revisions to reflect the extensive 2007 stylistic amendments to the Federal Rules of Civil Procedure Give your students the help they need to master difficult topics. Be sure to recommend this highly acclaimed study guide--tested by students, instructors, and time.
This edition has been substantially updated, revised and expanded wih new chapters, including Sarbanes-Oxley Act of 2002, confidentiality/communications and ethical problems. This guide addresses the problems faced when representing corporate and other clients in civil litigation.
This second edition incorporates the restyled federal rules of civil procedure and the Supreme Court's modification of civil pleading standards in Bell Atlantic v. Twombly. The casebook features a novel visual display and layout that uses text boxes, diagrams, and color/border segregated feature sections for hypotheticals, references to scholarly debates, useful information for students, and thought-provoking questions. A major distinguishing feature of the book is its inclusion of an accompanying electronic version with extensive hyperlinks to Westlaw versions of legal materials, Black's Law Dictionary definitions, supplementary online resources, and more.
A Guide to Legal Drafting Under the Civil Procedure Rules
Author: William Rose,Roger Eastman
Publisher: OUP Oxford
Pleadings Without Tears has become established as one of the most successful books on practical legal drafting in the context of litigation. This new eighth edition is fully updated to take account of Civil Procedure Rule (CPR) changes since the last edition. The book takes a practical and insightful look at the subject of legal drafting, enabling the reader to become more confident in approaching this often unnecessarily daunting subject. It focuses on core skills and fundamental rules while clearly addressing each stage of the process and goes beyond a straightforward setting out of the precedents and authorities relevant to statements of case. It gives clear examples of how to set out relevant matters with clarity and precision and encourages the reader to give full consideration to concise and clear identification of the subject matter of the action, the issues of the case and the parties' respective positions in respect to those issues. With a wealth of practical examples and anecdotes - and illustrated throughout with cartoons - the light and entertaining style, combined with detailed analysis and explanation, enables the reader to easily acquire a good understanding of drafting.
"[This book is a] guide and commentary for anyone involved in a liability case where the Medicare Secondary Payer Act comes into play. This book is designed to serve as a resource guide for anyone interested in learning where the potential pitfalls of the Act lay. The authors, highly versed in the complexities and nuances associated with the Act, provide commentary and analysis based on the law as it is presently known, and suggest approaches to consider when attempting to finalize the liability case. The new requirements of the Act will not be easily absorbed by the liability industry. Practices developed over decades will need to change. Extra vigilance is necessary to avoid legal liability. This book provides much needed guidance to assist the practitioner in this regard"--Provided by publisher.
This latest edition of the best-selling casebook in civil procedure maintains its reputation for flexible organization, manageable length, and accessible style. Civil Procedure, Sixth Edition, earned its popularity with both students and instructors by making the subject understandable without sacrificing comprehensive coverage. Continually refined through years of successful classroom use, the casebook: Provides an effective overview of the procedural system to give students a working knowledge of the system and of techniques for statutory analysis. Features a clear organization, concisely edited cases chosen to be readily accessible to first-year students, and textual notes introducing each section that highlight connections between material and practical problems. Covers the breadth of the course in fewer pages than other civil procedure casebooks, to help students master complex course material in a limited number of hours. Maintains a flexible organization for professors who want to teach topics in a different order, such as beginning with Pleadings instead of Jurisdiction. Features a complete teaching package that includes a Teacher's Manual with specific instructions for each case and each class, as well as, alternative ways to organize the book; a CD-ROM with Powerpoint slides for a complete civil procedure course; a second CD-ROM with the complete text of cases; and an annual Statutory and case Supplement. What's new in the Sixth Edition? Focus on procedure as lawyers' strategy, allowing students to see procedural rules as part of an overall litigation strategy. Expanded emphasis on interaction of arbitration and litigation, and on the courts as regulators of arbitral fairness. Updated discovery materials addressing recent Rules changes. More thorough treatment of settlements now include sample documents and problems. Coverage of recent developments regarding the Internet and personal jurisdiction, the Erie doctrine, pleading doctrines, litigation finance, and fee. See for yourself why Stephen C. Yeazell's Civil Procedure is the choice of so many instructors nationwide -- examine the Sixth Edition before your next course.