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Civil Procedure : Examples and Explanations

Civil Procedure : Examples and Explanations - 5th edition

ISBN13: 978-0735555563

Cover of Civil Procedure : Examples and Explanations 5TH 06 (ISBN 978-0735555563)
ISBN13: 978-0735555563
ISBN10: 0735555567
Cover type:
Edition/Copyright: 5TH 06
Publisher: Aspen Law
Published: 2006
International: No

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Civil Procedure : Examples and Explanations - 5TH 06 edition

ISBN13: 978-0735555563

Joseph W. Glannon

ISBN13: 978-0735555563
ISBN10: 0735555567
Cover type:
Edition/Copyright: 5TH 06
Publisher: Aspen Law

Published: 2006
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 to this new Fifth 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 Fifth 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

PART ONE. CHOOSING A PROPER COURT

Personal Jurisdiction. The Enigma of Minimum Contacts
Statutory Limits on Personal Jurisdiction. The Reach and Grasp of the Long-Arm
Seeking the Home Field Advantage. Challenges to Personal Jurisdiction
Federal Questions and Federal Cases. Jurisdiction over Cases "Arising under" Federal Law
Diversity Jurisdiction. When Does Multiplicity Constitute Diversity
Personal and Subject Matter Jurisdiction Compared. The First Two Rings
Second-Guessing the Plaintiff's Choice of Forum. The Removal
Proper Venue in Federal Courts. A Rough Measure of Convenience
Choosing a Proper Court. The Three Rings Reconsidered

PART TWO. STATE LAW IN FEDERAL COURTS

Easy Erie. The Law of Rome and Athens
Eerie Erie. The Substance/Substance Distinction
Erie and State Choice of Law. Vertical Uniformity and Horizontal Chaos

PART THREE. THE SCOPE OF THE ACTION

Sculpting the Lawsuit. The Basic Rules of Joinder
Into the Labyrinth. Joinder of Parties under Rule
Jurisdictional Fellow Travelers. Supplemental Jurisdiction
Jurisdiction vs. Joinder. The Difference between Power and Permission

PART FOUR. STEPS IN THE LITIGATION PROCESS

The Bearer of Bad Tidings. Service of Process in the Federal Court
Getting Off Easy. The Motion to Dismiss
The Scope of Discovery. The Rules Giveth, and the Rules Taketh Away
Tools of the Trade. Basic Methods of Discovery
Defective Allegation of Insufficient Proof?. Dismissal for Failure to State a Claim Compared to Summary Judgment
The Judge and the Jury, Part One. Judgment as a Matter of Law (Directed Verdict) The Judge and the Jury - Part Two. Whose Case Is This, Anyway?

PART FIVE. THE EFFECT OF THE JUDGMENT

Res Judica. The Limits of Procedural Liberality
Res Judica and the Rules of Joinder. When Does May mean Must?
Collateral Estoppel. Fine-Tuning the Preclusion Doctrine
The Obscure Kingdom. Nonmutual Collateral Estoppel

PART SIX. THINKING PROCEDURALLY. THE RULES IN ACTION

An Introduction to the Pretrial Litigation Process. Setting the Stage for the Schulansky Case
First Moves. Schulansky Goes to Court - A Change of Forum. Ronan Removes to Federal Court
The Defendant's Perspective. Ronan's Answer and Counterclaim
Chain Reaction. Ronan Brings in Jones
Preliminary Objections. Jones Seeks a Way Out
Tactical Dilemma. Ronan's Motion for Summary Judgment

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Cover of Civil Procedure : Examples and Explanations 6th edition

Civil Procedure : Examples and Explanations - 6th edition

ISBN13: 978-0735570337
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