Civil Procedure

ISBN-10: 0314156119
ISBN-13: 9780314156112
Edition: 4th 2005 (Revised)
List price: $115.00
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Description: Gain insight into the laws governing all of the major steps in the civil litigation process, starting with investigation and ending with post-appeal collateral attacks. This text covers the major themes underlying the governing legal standards and  More...

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Book details

List price: $115.00
Edition: 4th
Copyright year: 2005
Publisher: West Academic
Publication date: 5/27/2005
Binding: Hardcover
Pages: 964
Size: 8.50" wide x 10.25" long x 1.50" tall
Weight: 3.916
Language: English

Gain insight into the laws governing all of the major steps in the civil litigation process, starting with investigation and ending with post-appeal collateral attacks. This text covers the major themes underlying the governing legal standards and those basic issues that the case law and literature suggest to be the most pressing. References to federal practice and procedure are provided with a discussion on the burden of complex, multi-party litigation on the judicial system.

Preface
Westlaw Overview
Introduction
Civil Procedure Defined
General Description of Court Systems
Subject-Matter Jurisdiction and Venue
Overview
Federal Subject-Matter Jurisdiction
The Nature of the Federal Courts
Federal-Question Jurisdiction
Federal-Question Jurisdiction-The Well-Pleaded Complaint Rule
Diversity-of-Citizenship Jurisdiction-In General
Diversity-of-Citizenship Jurisdiction-Application of Diversity Requirements
Diversity-of-Citizenship Jurisdiction-Devices to Create and Destroy Diversity
Amount-in-Controversy Requirements
Amount-in-Controversy Requirements-The Effect of Additional Claims and Additional Parties
Actions in Which the United States Is a Party and Admiralty and Maritime Cases
Removal Jurisdiction
Supplemental Jurisdiction-History
Supplemental Jurisdiction-Joinder of Claims
Supplemental Jurisdiction-Joinder of Parties
Venue
Venue Requirements
Local and Transitory Actions
Transfer and Forum Non Conveniens
Personal Jurisdiction
Overview
Historical Development of Jurisdictional Doctrine
Traditional Bases of Jurisdiction
The Jurisdictional Categories
The Rule of Physical Presence
Pennoyer v. Neff
Jurisdiction Over Persons: Exceptions to the Rule of Physical Presence
The Presence Test: Some Problems and Limitations
Jurisdiction Based on Consent
Jurisdiction Based on Domicile and Residence
Jurisdiction Based on Corporate Presence and "Doing Business"
Jurisdiction Over Property
In-Rem and Quasi-in-Rem Jurisdiction: Traditional Doctrine
Problems With Traditional Doctrine: Quasi-in-Rem Jurisdiction Under Stress
Contemporary Jurisdiction Notions: In-Personam Jurisdiction
Constitutional Requirements
The Basic Rule of International Shoe: The Minimum Contacts and Fair Play and Substantial Justice Requirements
Refinements of the Basic Standard: The Requirement of a Purposeful Act and Foreseeability
Statutory Requirements
The Growth and Use of Long-Arm Statutes
Particular Applications of Long-Arm Statutes
Contemporary Jurisdiction Notions: In-Rem and Quasi-In-Rem Jurisdiction
International Shoe Triumphant: A Uniform Standard for Jurisdiction
International Shoe Applied to In-Rem and Quasi-in-Rem Jurisdiction
The Seizure of Property: Requirements and Definition
The Impact of Shaffer v. Heitner on Pennoyer's Satellites
The Current Viability of Consent, Domicile, and Transitory Presence Theories
Amenability to Suit
Source of Governing Law
Notice and the Opportunity to Be Heard
Due-Process Requirements
The Requirement of Reasonable Notice
Service of Process as a Means of Notice
The Timing of Notice and the Opportunity to Be Heard
Service-of-Process Requirements and Limits
The Etiquette and Sufficiency of Service of Process
Impermissible Uses of Service of Process
Immunity From Service of Process
Challenges to Jurisdiction
Challenging Jurisdiction-An Introduction
Methods of Challenging Jurisdiction
Limited Appearances in Quasi-in-Rem Proceedings
Protecting the Defendant Against Vexatious Litigation
Ascertaining the Applicable Law
Federal Courts
The Rules of Decision Act and Swift v. Tyson
Erie Railroad Company v. Tompkins
Evolution of the Erie Doctrine
The Erie Doctrine and the Federal Rules
Determining Which State's Law Controls
Determining the Content of State Law
Federal Common Law
State Courts
Federal Law in State Courts
Modern Pleading
Introduction
The Function and Effectiveness of Modern Pleading
Types of Pleadings
Pleading Requirements
Code Pleading
Pleading a Cause of Action: A Definition
The Uncertain Meaning of "Facts" in the Code-Pleading System
Challenges Based on Indefiniteness, Ambiguity, or Uncertainty
Notice Pleading
The Basic Requirements of Notice Pleading
Adjustment of Federal and State Courts to Notice Pleading
Special Rules for Specific Cases and Facts
The Role of Motions to Clarify Pleadings
Truthfulness in Pleading
Devices to Assure Candor in Pleading
Alternative and Inconsistent Allegations
Ability to Assert Alternative and Inconsistent Allegations
Method of Asserting Alternative and Inconsistent Allegations; Incorporation of Allegations by Reference
The Complaint
Format Requirements; The Basic Elements of the Complaint
Pleading a Right to Relief
Special Problems of Pleading in Specific Cases
The Answer
General Rules
Admissions
Denials
Affirmative Defenses
The Reply and Subsequent Pleadings
The Propriety of Pleadings Beyond the Complaint and Answer
Challenges to Pleadings
Devices for Attacking the Substantive Sufficiency of the Pleadings
Devices for Challenging Uncertainty or Ambiguity
Devices for Challenging Form and Other Procedural Irregularities
Consequences of a Ruling on a Challenge to the Pleadings
Amended and Supplemental Pleadings
Amendments: In General
Amendments and the Statutes of Limitations
Supplemental Pleadings
Joinder of Parties and Claims
In General
History and Policy Behind Party and Claim Joinder
Consolidation, Separation, and Severance
Parties to the Action
Who Is a Proper Party-Real Parties in Interest, Capacity to Sue, and Standing
Permissive-Party Joinder
Compulsory-Party Joinder
Claims
The Standard for Claim Joinder-In General
Counterclaims
Cross-Claims
Third-Party Practice (Impleader)
Intervention
Discovery
Introduction
History, Purposes, and Techniques of Modern Discovery
Scope of Discovery
Scope-In General
Discovery Prior to the Commencement of the Case
Privileged Matters
Material Prepared for Litigation-The "Work-Product" Doctrine
Expert Information
The Mechanics of Modern Discovery Devices
Mandatory Planning Conference
Oral Depositions and Depositions on Written Questions
Written Interrogatories
Requests for Admission
Discovery and Production of Property
Physical and Mental Examinations
Special Rules and Problems Regarding the Details and Scope of Discovery
The Duty to Supplement Responses
Discovery Directed to Nominal Parties
Controlling Harassment or Oppression: Protective Orders
Sanctions and Motions to Compel Response
Use of Discovery at Trial
Use of Discovery at Trial
Public Access to Discovered Information
Court Control of Discovered Information
The Pretrial Conference
Nature and Purposes of a Pretrial Conference
Procedural Aspects of the Pretrial Conference
The Pretrial Order
Adjudication Without Trial
Summary Judgment
History and Purpose
Procedure for Obtaining a Summary Judgment
The Standard for Determining Whether to Grant a Summary Judgment
Default Judgment
The Entry of Default and Default Judgment
Dismissals
Voluntary and Involuntary Dismissals
The Trial Process
A General Description
The Law of Evidence
Jury Trial
Introduction
The Origins and Role of Jury Trial in Modern Society
The Judge-Jury Relationship
The Right to Jury Trial
The Right to Jury Trial-In General
Jury Trial in the Federal Courts-The Seventh Amendment and the Historical Test
Problems of Law and Equity in the Federal Courts-Modern Developments
Jury Trial in the Federal Courts-Statutory Causes of Action
Jury Trial in State Courts-The New York Approach
Problems of Federalism
Procedure for Obtaining Jury Trial
Trial by Jury
Selection and Composition of the Jury
Size of the Jury and the Requirement of Unanimity
Verdicts and Judgments
Decisionmaking
The Verdict: Its Entry and Form
Findings and Conclusions in Nonjury Cases
Attacks on Verdicts and Judgments
Directed Verdicts and Judgments Notwithstanding the Verdict (Judgments as a Matter of Law)
Motions for New Trial
Juror Misconduct and Impeachment of the Verdict
Motions to Alter the Judgment or for Relief From the Judgment
Appeals
Appealability
The Timing of Appeals-The Final-Judgment Rule
Judicial Exceptions to the Final-Judgment Rule
Statutory Exceptions to the Final-Judgment Rule
Reviewability
The Nature and Scope of Review
Former Adjudication
Overview and Terminology
Distinguishing Between Res Judicata and Collateral Estoppel-Claim and Issue Preclusion
Res Judicata-Claim Preclusion
General Principles Underlying Res Judicata
The Scope of Res Judicata-What Is a Claim or Cause of Action
The Scope of Res Judicata-Some Applications
The Scope of Res Judicata-The Effect of Res Judicata on Defendant's Assertions
Requirements for the Application of Res Judicata
Exceptions to the Application of Res Judicata
Collateral Estoppel-Issue Preclusion
General Principles Underlying Collateral Estoppel
The Scope of Collateral Estoppel-Defining an Issue
Requirements for the Application of Collateral Estoppel
Exceptions to the Application of Collateral Estoppel
Who Can Be Bound
General Principles Governing Who Is Bound
The Doctrine of Mutuality
Intersystem Problems of Former Adjudication
Principles Governing Judgment Recognition Across System Lines
Securing and Enforcing Judgments
Overview
Provisional Remedies
Attachment
Civil Arrest
Preliminary Injunctions
Temporary Receivers
Notice of Pendency
Enforcement of Judgments
Executions and Levies
Contempt
Specialized Proceedings: Class Actions, Derivative Suits, and Interpleader
Class Actions
In General
Purpose and History
Prerequisites
Federal Class-Action Prerequisites
State Class-Action Prerequisites
Personal and Subject-Matter Jurisdiction Requirements
Special Procedures and Problems
Procedures in Class Actions
Notice
Dismissal and Compromise
Binding Effect of a Class-Action Judgment
Shareholder-Derivative Suits
Shareholder-Derivative Suits
Interpleader
Purpose and History
Modern Interpleader: Practice and Procedure
Jurisdiction and Venue
Federal Injunctions Against Other Judicial Proceedings
Researching Civil Procedure
Table of Cases
Table of Statutes and Rules
Index

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