American Civil Procedure

American Civil Procedure PDF

Author: Geoffrey C. Hazard

Publisher: Yale University Press

Published: 1995-08-01

Total Pages: 244

ISBN-13: 9780300065046

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From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies. This clear and direct book by two distinguished professors of law describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to "declare" it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in: preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.

A Guide to Civil Procedure

A Guide to Civil Procedure PDF

Author: Brooke Coleman

Publisher: NYU Press

Published: 2022-07-12

Total Pages: 448

ISBN-13: 1479805939

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"This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--

Introduction to Civil Procedure

Introduction to Civil Procedure PDF

Author: Richard D. Freer

Publisher:

Published: 2006

Total Pages: 0

ISBN-13: 9780735540224

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Summary: "This lively, accessible student treatise breaks down the complex principles of civil procedure into small, easily-digested bites, then builds them back up into a comprehensive model for students. Both students and instructors will appreciate these important features of Freer's method: covers all of the major topics in civil procedure, making the book suitable for use with any casebook; each chapter opens with a 'Defining the Issue' section that clearly explains the major concepts, provides context in commonsensical terms, and explains how the topics in the chapter differ from -- but fit in with -- other topics; integrates the topics of the course and emphasizes overarching issues to help students fit the smaller pieces in the larger picture; for example, a student might understand the individual concepts of personal jurisdiction, subject matter jurisdiction, and venue, but not see that these three tie into one overarching issue: selection of a court; easily spotted bulleted lists provide hypotheticals for especially difficult principles -- such as aggregation and supplemental jurisdiction -- that show students how to apply the doctrine and rules to the facts."--Publisher description.

Understanding Civil Procedure

Understanding Civil Procedure PDF

Author: Walter W. Heiser

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9780769851563

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The California edition expands the latest edition of the well-established treatise Understanding Civil Procedure to explore California's unique approach. Each chapter begins with the federal doctrine, followed by a section on how California approaches the topic. The book is primarily intended as a reference for law school civil procedure students in California. However, its treatment of recent developments may make it useful to some practitioners as well. The treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further.

Twenty-First Century Procedure

Twenty-First Century Procedure PDF

Author: Christopher B. Mueller

Publisher: Aspen Publishing

Published: 2022-01-31

Total Pages: 1461

ISBN-13: 154383907X

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Twenty-First Century Civil Procedure, Third Edition presents the major themes of U.S. civil litigation—the adversary system, our dedication to the use of juries in civil cases, our American brand of federalism and its impact on the judicial system and litigation generally, and the relatively recent development of managerial judging—for an introductory course on civil procedure. With its contemporary perspective, Twenty-First Century Civil Procedure includes discussion of modern problems, such as e-discovery and the requirement of careful scrutiny during the certification stage of class suits. The skillful pedagogy evident throughout the book is designed to provide context for the understanding of doctrines and issues, and to stimulate classroom discussion. Expository text introduces students to the issues, followed by carefully edited cases that resolve some of the more important issues, practical Problems, and Notes and Questions that aid the process of analysis. Pictures and sidebars provide additional context and pique student interest. A statutory supplement is published annually. New to the Third Edition: New cases—including Bristol-Myers Squibb Co. v. Superior Court of California; Ford Motor Co. v. Montana Eighth Judicial District Court; and Ford Motor Co. v. Bandemer Streamlined—the Third Edition is approximately 10% shorter Professors and students will benefit from: Ample expository text introducing doctrines and issues in context Exploration of major themes in civil litigation, including the adversary system, use of juries, the federal structure of our judicial system, and the advent of managerial judging Comprehensive treatment of federalism, including Erie doctrine, pre-emption, abstention, and anti-suit injunctions Examination of jury entitlement without all the lengthy and inconclusive that add complexity and obscurity to the subject Detailed coverage of post-verdict challenges (new trial and JMAL motions, additur and remittitur)

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