The first civil procedure casebook to consistently show doctrines and rules at work in actual law practice is now available in a revised, expanded, and improved Second Edition. Instructors who Civil Procedure: Doctrine, Practice, and Context, Second Edition can be sure their students will attain a deep and practical understanding of this crucial area of the law. the authors successfully relate the study of civil procedure To The practice of law by: Using an exceptionally varied and provocative set of excerpted materials to provide context and integrate theory, policy, and doctrine. Organizing their book in a manner that facilitates teaching and learning the subject. Taking a less Socratic, more accessible approach and supplying well-written and well-timed introductions and explanations. Including sensible and supportive Comments and Questions. Offering numerous thought-provoking practice exercises that are challenging but not intimidating. Integrating two real cases with Case Files provided in the Appendix, complete with transcripts, memoranda, exhibits, and motions. Consistently emphasizing lawyering skills, values, and social responsibility. Keeping the book to a manageable 1,200 pages, suitable for use in shorter courses. Drawing on their vast combined experience in teaching civil procedure. the Second Edition responds to user feedback, As well as, To developments in the law: more empirical scholarship, law and economics perspectives, and comparative materials are incorporated throughout the text to provide more useful context. Expanded treatment of discovery better reflects the realities of practice by today's litigators, with new sections on electronic discovery, foreign discovery, And The strategic implications of discovery planning. Enhanced coverage of Alternative Dispute Resolution, with both a longer chapter on litigation alternatives and a discussion of ADR incorporated throughout the casebook. Review of emerging issues of personal jurisdiction in the international context. New Internet cases and text on the emerging area of cyberjurisdiction. Completely rewritten chapter on complex litigation now provides a comprehensive yet accessible explanation of a broad range of topics, including Rule 19, intervention, interpleader, class actions, and 1407 consolidations. More practice exams and review questions improve student comprehension. Revised Teacher's Manual with sample syllabi, more explanatory and background material for case and article excerpts, and more details to facilitate effective use of in-class exercises. Give your students important insight on the crucial role of civil procedure in their future careers, with Civil Procedure: Doctrine, Practice, and Context, Second Edition .
The first edition of this text focused on clarity and simplicity in its exposition of the new civil procedure regime. This second, expanded edition builds on that basis and covers new topics (including costs and personal injuries), and the rules that form the "second wave" of the new regime.
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.
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.
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
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.
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.
Written by a trial lawyer turned professor, Law for the Expert Witness, Second Edition is for professionals who participate - voluntarily or involuntarily - in the legal system as expert witnesses. This book discusses the practical aspects of pre-trial discovery and the Rules of Evidence. Most of the principles are illustrated using actual cases decided by various courts. The book also includes helpful hints based on the author's trial experience and appendices that contain the texts of the relevant Federal Rules of Civil Procedure and Federal Rules of Evidence. This text is an excellent primer for chemists, medical professionals, civil engineers, environmental toxicologists, and other professionals called to provide expert testimony, as well as a practical handbook for lawyers to utilize in preparing experts for testifying.
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]
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
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.
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.
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.
Includes complete, clearly-written analyses of personal & subject matter jurisdiction, the Erie doctrine, venue, former adjudication, pleading & practice, discovery, trial & post-trial motions, appeal & remedies. New developments in the Federal Rules of Civil Procedure, including sweeping changes in Discovery & Rule 11 Certification, are completely integrated in the text. Extensive cross-referencing makes this a truly user-friendly companion to any Civil Procedure course. Also available electronically