Civil Procedure: A Coursebook / Edition 3

by Joseph W. Glannon, Andrew M. Perlman, Peter Raven-Hansen

Overview

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Civil Procedure: A Coursebook provides solid scholarship but does not hide the ball. The book’s accessibility, organization, and interior design support its innovative pedagogy.New to the Third Edition: Recent (Dec. 1, 2015) rule amendments abrogate the federal forms and make important changes to the discovery rules. This edition reflects both sets of changes and includes provocative new materials on the revitalized proportionality standard of discovery and the ethical requirements for competency in electronic discovery, in addition to other smaller updates.

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Product Details

ISBN-13:	9781454881421
Publisher:	Wolters Kluwer Law & Business
Publication date:	02/02/2017
Series:	Aspen Casebook Series
Edition description:	Older Edition
Pages:	1360
Product dimensions:	7.60(w) x 10.10(h) x 2.00(d)

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 ofInsufficient 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