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Civil Procedure : Examples and Explanations

Civil Procedure : Examples and Explanations - 4th edition

ISBN13: 978-0735519824

Cover of Civil Procedure : Examples and Explanations 4TH 01 (ISBN 978-0735519824)
ISBN13: 978-0735519824
ISBN10: 073551982X
Cover type:
Edition/Copyright: 4TH 01
Publisher: Aspen Law
Published: 2001
International: No

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Civil Procedure : Examples and Explanations - 4TH 01 edition

ISBN13: 978-0735519824

Joseph W. Glannon

ISBN13: 978-0735519824
ISBN10: 073551982X
Cover type:
Edition/Copyright: 4TH 01
Publisher: Aspen Law

Published: 2001
International: No
Summary

Recommended by both students and professors, this best-selling paperback study aid is a lifeline for first year students taking a Civil Procedure course. Author Joseph Glannon brings his lively and entertaining style into this new edition along with a wealth of new material. This comprehensive yet hands-on study aid:

Covers all aspects of the first year Civil Procedure course including the difficult areas of res judicata, collateral estoppel, and personal and subject matter jurisdiction
Presents accessible introductions and explanations
Offers a proven pedagogy in the popular examples-and-explanations format -highly effective for learning and applying the Federal Rules of Civil Procedure
Gives examples that progress gradually from simple to challenging and build students' confidence
Has plenty of visual aids including diagrams, charts, and documents Covers Erie doctrine in a three-chapter section

What's new in the Fourth Edition?

The latest revisions to the Federal Rules of Civil Procedure
A new chapter on the federal question of subject matter jurisdiction
Updated changes to the Rules concerning Discovery.


Table of Contents

SUMMARY OF CONTENTS
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. Federal Questions and Federal Cases: Jurisdiction over Cases "Arising under" Federal Law
5. Diversity Jurisdiction: When Does Multiplicity Constitute Diversity
6. Personal and Subject Matter Jurisdiction Compared: The First Two Rings
7. Second-Guessing the Plaintiff's Choice of Forum: The Removal
8. Proper Venue in Federal Courts: A Rough Measure of Convenience
9. Choosing a Proper Court: The Three Rings Reconsidered
PART TWO: STATE LAW IN FEDERAL COURTS
10. Easy Erie: The Law of Rome and Athens
11. Eerie Erie: The Substance/Substance Distinction
12. Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos
PART THREE: THE SCOPE OF THE ACTION
13. Sculpting the Lawsuit: The Basic Rules of Joinder
14. Into the Labyrinth: Joinder of Parties under Rule 14
15. Jurisdictional Fellow Travelers: Supplemental Jurisdiction
16. Jurisdiction vs. Joinder: The Difference between Power and Permission
PART FOUR: STEPS IN THE LITIGATION PROCESS
17. The Bearer of Bad Tidings: Service of Process in the Federal Courts
18. Getting Off Easy: The Motion to Dismiss
19. The Scope of Discovery: The Rules Giveth, and the Rules Taketh Away
20. Tools of the Trade: Basic Methods of Discovery
21. Defective Allegation of Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment
22. The Judge and the Jury,
Part One: Judgment as a Matter of Law (Directed Verdict)
23. The Judge and the Jury,
Part Two: Whose Case Is This, Anyway?
PART FIVE: THE EFFECT OF THE JUDGMENT
24. Res Judica: The Limits of Procedural Liberality
25. Res Judica and the Rules of Joinder: When Does May mean Must?
26. Collateral Estoppel: Fine-Tuning the Preclusion Doctrine
27. The Obscure Kingdom: Nonmutual Collateral Estoppel
PART SIX: THINKING PROCEDURALLY: THE RULES IN ACTION
28. An Introduction to the Pretrial Litigation Process: Setting the Stage for the Schulansky Case
29. First Moves: Schulansky Goes to Court
30. A Change of Forum: Ronan Removes to Federal Court
31. The Defendant's Perspective: Ronan's Answer and Counterclaim
32. Chain Reaction: Ronan Brings in Jones
33. Preliminary Objections: Jones Seeks a Way Out
34. Tactical Dilemma: Ronan's Motion for Summary Judgment

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