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Author: A. Benjamin Spencer Publisher: Ingram ISBN: 9781634592727 Category : Civil procedure Languages : en Pages : 0
Book Description
The Revised 4th Edition of Civil Procedure: A Contemporary Approach is updated with references to the 2015 amendments to the Federal Rules of Civil Procedure, as well as case law developments since the 2014 publication date of the Fourth Edition. Major recent case law developments included in this revised edition consist of decisions from the Supreme Court addressing personal jurisdiction (Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011), J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), and Daimler AG v. Bauman, 134 S. Ct. 746 (2014)), federal question jurisdiction (Gunn v. Minton, 133 S. Ct. 1059 (2013)), removal of class actions (Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013)), change of venue and forum-selection clauses (Atl. Marine Constr. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas, 134 S. Ct. 568 (2013) [now a principal case]), class certification (Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), Amgen Inc. v. Conn. Ret. Plans & Trust Funds, 133 S. Ct. 1184 (2013)), class arbitration waivers (AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013)), and offers of judgment (Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)). Regarding the 2015 amendments to the Federal Rules of Civil Procedure, this revised edition makes reference to them in the text where appropriate. The changes include the "Duke Rules" package, which alters Rules 1, 4, 16, 26, 30, 31, 33 and 34 to make proportionality a main component of the scope of discovery, to eliminate access to subject matter discovery, require early discussions regarding preservation and privilege protection, permit early document requests, and shorten the time permitted to issue scheduling orders and to achieve service of process. The amendment to Rule 37 codifies an approach to preservation and spoliation that favors curative measures unless there is intentional spoliation, in which case more severe sanctions such as adverse inference instructions or dismissal become available. This edition also fully incorporates recent amendments to the Federal Rules of Civil Procedure and to Title 28 of the U.S. Code, including the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the 2013 amendment to Rule 45 (subpoenas). Finally, the Revised Fourth Edition integrates references to online assessment tools in the Casebook Plus platform. These consist of a bank of 200 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned.
Author: A. Benjamin Spencer Publisher: Ingram ISBN: 9781634592727 Category : Civil procedure Languages : en Pages : 0
Book Description
The Revised 4th Edition of Civil Procedure: A Contemporary Approach is updated with references to the 2015 amendments to the Federal Rules of Civil Procedure, as well as case law developments since the 2014 publication date of the Fourth Edition. Major recent case law developments included in this revised edition consist of decisions from the Supreme Court addressing personal jurisdiction (Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011), J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), and Daimler AG v. Bauman, 134 S. Ct. 746 (2014)), federal question jurisdiction (Gunn v. Minton, 133 S. Ct. 1059 (2013)), removal of class actions (Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013)), change of venue and forum-selection clauses (Atl. Marine Constr. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas, 134 S. Ct. 568 (2013) [now a principal case]), class certification (Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), Amgen Inc. v. Conn. Ret. Plans & Trust Funds, 133 S. Ct. 1184 (2013)), class arbitration waivers (AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013)), and offers of judgment (Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)). Regarding the 2015 amendments to the Federal Rules of Civil Procedure, this revised edition makes reference to them in the text where appropriate. The changes include the "Duke Rules" package, which alters Rules 1, 4, 16, 26, 30, 31, 33 and 34 to make proportionality a main component of the scope of discovery, to eliminate access to subject matter discovery, require early discussions regarding preservation and privilege protection, permit early document requests, and shorten the time permitted to issue scheduling orders and to achieve service of process. The amendment to Rule 37 codifies an approach to preservation and spoliation that favors curative measures unless there is intentional spoliation, in which case more severe sanctions such as adverse inference instructions or dismissal become available. This edition also fully incorporates recent amendments to the Federal Rules of Civil Procedure and to Title 28 of the U.S. Code, including the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the 2013 amendment to Rule 45 (subpoenas). Finally, the Revised Fourth Edition integrates references to online assessment tools in the Casebook Plus platform. These consist of a bank of 200 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned.
Author: A. Benjamin Spencer Publisher: West Academic Publishing ISBN: 9780314275257 Category : Civil procedure Languages : en Pages : 0
Book Description
This supplement provides a compact and concise compendium of all of the Federal Rules of Civil Procedure currently in effect. It also includes the U.S. Constitution and key provisions of title 28 of the United States Code. The supplement's small size and text limited to the body of rules and statutes make it a convenient resource for students in civil procedure and complex litigation courses needing quick and easy access to relevant statutory provisions during class or for their studies or exams.
Author: Michael Finch Publisher: Aspen Publishing ISBN: 154381705X Category : Law Languages : en Pages : 536
Book Description
An Illustrated Guide to Civil Procedureis a student-friendly and problem-based introduction to how the federal rules operate in the context of a realistic age discrimination case. Students work with the Rules as the case carries them from client intake to trial, all the way to a resolution of the case. They shadow the attorneys and actively participate by making strategic and tactical decisions, and by reviewing and critiquing complaints, answers, motions, and discovery pleas. Truly an illustrated guide to Civil Procedure, this companion supplement is a great asset to all Civil Procedure courses, whether they begin with jurisdiction or the rules of pleading. New to the Fourth Edition: Updates reflecting all changes to the FRCP, including: Amendments that change the time periods within which most actions under the Rules need to be taken Provisions that address issues related to the discovery of electronic information Amendments concerning summary judgment and discovery related to expert witnesses Professors and students will benefit from: A book designed to be either used in-class as a required text or out-of-class as a useful reference Exploration of the procedural rules covered in a one or two-semester course Notes, questions, exercises, tactical and drafting tips, maps, and illustrations contribute to a dynamic learning environment Questions that Students are repeatedly assessed through questions requiring application of procedural rules to the hypothetical suit. Flexible organization that adapts to a variety of syllabi and comprehensive Teacher’s Manual Teaching materials include: Teacher’s Manual In addition to those questions contained in the Guide, the authors make available an extensive set of test questions, answers, and explanations that teachers can use throughout the semester.
Author: Steven Baicker-McKee Publisher: West Academic Publishing ISBN: 9781683287056 Category : Languages : en Pages : 0
Book Description
Receive complimentary lifetime digital access to the eBook with new print purchase. What Makes A Student's Guide to the Federal Rules of Civil Procedure Different? Text of the Rules, Title 28, and Constitution: A Student's Guide supplies what your students need--the text of the Federal Rules of Civil Procedure (as amended through December 1, 2017), the frequently-consulted sections of the U.S. Judiciary Code, and the text (with revision history) of the U.S. Constitution. This is where most Rules Supplements available to students stop, with just an austere reprinting of these texts. PLUS... Student-Friendly Orientation to Each Rule: But what students often find challenging in studying Civil Procedure--and what is less likely to be found in either a casebook or a conventional study aid--is an understanding of how each Rule "fits" into the master scheme of federal civil practice generally. This edition of A Student's Guide offers students that very guidance. Two features (new in this edition) now follow the text of each Rule: "How This Rule Fits In" explains for students the context of each Rule and the role each plays in federal civil practice, and "The Architecture of this Rule" which helps students unpack those Rules that are especially long and confusing. These two features guide students in contextualizing and making sense out of the Rules at a Rule-by-Rule level. PLUS... Rule-Specific Functions and Nuances: Students often struggle to appreciate how the theory of a Rule operates in practice. A Student's Guide addresses that concern by supplying a final feature to each Rule discussion - "How this Rule Works in Practice" - designed to help students understand each Rule's function, subpart by subpart, and the real-world, practical applications and nuances of each subpart in practice. PLUS... Citations to Interpretative Case Law: Also unlike most other Rules Supplements, A Student's Guide provides students with select, leading interpretative case law analyzing the Rules and their subparts. This, then, converts this text into a "finding aid" of sorts, as students work through applied problems in the context of the Rules. PLUS... An Overview of Companion Federal Practice Concepts: Because many of the related core concepts of federal practice are an amalgam of law found in Rules, statutes, constitutional provisions, and case law, A Student's Guide bridges that gulf with quick, orienting discussions of central practice concepts like personal jurisdiction, subject-matter jurisdiction, removal, venue, forum non conveniens, the Erie Doctrine, and claim and issue preclusion. These distillations allow students to acquire a broad view of those related practice contexts. PLUS... A Handy Overview of Federal Appellate Practice: This edition of A Student's Guide also includes the text of the Federal Rules of Appellate Procedure, introduced by a student-friendly overview of federal appellate practice. PLUS... A Helpful Orientation to the Rulemaking Process: A Student's Guide also includes a brief orientation for students to the process of federal rulemaking, how the Rules originally came into existence, and how they are amended.
Author: Steven Baicker-McKee Publisher: West Academic ISBN: 9780314168153 Category : Law Languages : en Pages : 1181
Book Description
Popular with law students, A Student's Guide to the Federal Rules of Civil Procedure provides a lucid, up-to-date explanation of all of the major topics in a typical first-year course in civil procedure. Updated and expanded, the guide contains more than 2,000 new citations; it also provides a discussion of procedure after removal of a case from state court, touching on such issues as the time limits for motions to remand, a federal judge's lack of jurisdiction to reconsider remand, and a federal appellate court's lack of jurisdiction to hear an appeal of remand order. The guide also covers such areas of procedure as jurisdiction, venue, the Erie doctrine, forum non conveniens, and res judicata.
Author: Howard M. Erichson Publisher: Aspen Publishing ISBN: 1454897600 Category : Law Languages : en Pages : 438
Book Description
Inside Civil Procedure: What Matters and Why, like a great teacher, helps law students understand civil procedure clearly and deeply. Procedural rules and doctrines that at first seem incomprehensible finally make sense when students understand what the rules are trying to do, how they are used in practice, and how they fit into the bigger picture. Unlike oversimplified outlines or lengthy treatises, it actually teaches with clear explanations and features designed to help students master the material. By the end of each chapter, students will have a clear understanding of not only how the rules and doctrines work, but also how the pieces of the puzzle fit together. Overviews set up each topic FAQs give straight answers to questions and clear up common mistakes and misconceptions. Sidebars offer insights, study tips, and practice pointers. Step-by-step analyses demonstrate how to apply the material. Chapter summaries provide quick review guides. Connections helps students fit the material with other topics in civil procedure.
Author: Deborah Jones Merritt (‡e author) Publisher: West Academic Publishing ISBN: 9781684675784 Category : Evidence (Law) Languages : en Pages : 1096
Book Description
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, online videos, interactive trial simulations, leading study aids, an outline starter, and Gilbert Law Dictionary.
Author: Sydney Aaron Beckman Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 1016
Book Description
Evidence: A Contemporary Approach is the latest addition in a new breed of casebook. This book provides a comprehensive, engaging and effective treatment of evidence presented in a clear and concise format that is accessible and engaging to students. The casebook features a novel visual display and layout that uses text boxes, diagrams, and color/border segregated feature sections for hypotheticals, references to scholarly debates, useful information for students, and questions to provoke thought. A major distinguishing feature of the book is its inclusion of an accompanying electronic version with extensive hyperlinking to Westlaw versions of legal materials, Black's Law Dictionary definitions, supplementary online resources, and more.
Author: Brian T. Fitzpatrick Publisher: University of Chicago Press ISBN: 022665933X Category : Law Languages : en Pages : 283
Book Description
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Author: Michigan Legal Publishing Ltd. Publisher: ISBN: 9781640020955 Category : Law Languages : en Pages : 160
Book Description
A concise and comprehensive edition of the Federal Rules of Bankruptcy Procedure for quick reference, updated through January 1, 2021. Also includes a statutory supplement of relevant sections of Title 28 of the United States Code. Perfect for your briefcase or desk and a great format for the attorney or law school student who simply needs to refer to the rules.
Author: A. Benjamin Spencer
Author: A. Benjamin Spencer
Author: A. Benjamin Spencer
Author: Michael Finch
Author: Steven Baicker-McKee
Author: Steven Baicker-McKee
Author: Howard M. Erichson
Author: Deborah Jones Merritt (‡e author)
Author: Sydney Aaron Beckman
Author: Brian T. Fitzpatrick
Author: Michigan Legal Publishing Ltd.