Modern Developments in the Law of Civil Procedure PDF Download

Author: D. B. Casson
Publisher:
ISBN: 9780421290006
Category : Civil procedure
Languages : en
Pages : 112

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Author: Richard L. Marcus
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1288

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Book Description

Author: Colin B. Picker
Publisher: Springer
ISBN: 3319219812
Category : Law
Languages : en
Pages : 286

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Book Description
This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

Author: A. Benjamin Spencer
Publisher: Ingram
ISBN: 9781634592727
Category : Civil procedure
Languages : en
Pages : 0

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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: Christopher B. Mueller
Publisher: Aspen Publishing
ISBN: 154383907X
Category : Law
Languages : en
Pages : 1461

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Book Description
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)

Author: A. Benjamin Spencer
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1000

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Book Description
This second edition incorporates the restyled federal rules of civil procedure and the Supreme Court's modification of civil pleading standards in Bell Atlantic v. Twombly. 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 thought-provoking questions. A major distinguishing feature of the book is its inclusion of an accompanying electronic version with extensive hyperlinks to Westlaw versions of legal materials, Black's Law Dictionary definitions, supplementary online resources, and more.

Author: Gary B. Born
Publisher: Aspen Publishing
ISBN: 1543847420
Category : Law
Languages : en
Pages : 1498

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Book Description
International Civil Litigation in United States Courts, by Gary B. Born and Peter B. Rutledge, is the essential, comprehensive law school text for the current and future international litigator, whether based in the United States, Europe, or elsewhere. Examiningevery topic discussed in competing texts with extensive narrative, unparalleled notes, and detailed citations, this book covers the gamut of international dispute resolution, whether judicial jurisdiction, sovereign immunity, extraterritoriality, conflicts of law, parallel proceedings, discovery disputes, service, judgment enforcement, and international arbitration. This Seventh Edition includes excerpts and updated discussions of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics. New to the SeventhEdition: Latest developments in litigation under the Alien Tort Statute and the Torture Victim Protection Act Latest developments in sovereign immunity law following several landmark Supreme Court decisions Latest developments regarding the extraterritorial application of federal law following several landmark Supreme Court decisions Critical examination of the new Restatement (Fourth) of the Foreign Relations of the United States Up-to-date citation and review of the most current academic legal scholarship in the field Professors and students will benefit from: Detailed notes with easy-to-use questions for discussion and legal analysis Comprehensive discussion of international dispute resolution, including international arbitration and other forms of dispute resolution outside of litigation in national courts Comparative foreign treatment of selected issues of international civil procedure Extensive notes and up-to-date citations that ensure the book has enduring value long after a course has ended, and it becomes a resource for practitioners seeking to research the field Documentary Supplement

Author: Richard L. Marcus
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1340

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Book Description
This Updated 4th Edition revises the casebook to account for the restyling of the Federal Rules of Civil Procedure. The pagination has not changed from the 4th Edition (2005). Students will be alerted to the new numbering and wording of the Rules; but teachers can continue to use their current versions of the 4th edition as originally published. On December 1, 2007, the "restyled" Federal Rules went into effect. The hope is that this restyling will pay dividends for decades, and that beginning law students will be among the first beneficiaries. For them, the restyled rules will be the only rules they will know in their professional careers. We assume that most teachers will have their students read and learn from the restyled rules. But this watershed does not change what's in the decided cases under the rules as they were written before Dec. 1, 2007. So students may find it unnerving for their rule pamphlets to say something different from what they find quoted in the cases in the casebook. The Updated 4th Edition is designed to deal with these issues. It has been changed only to reflect changes in numbering or wording of the rules that resulted from the restyling project. Teachers who have been using the 4th edition as published in 2005 can continue to use it; they need not start working afresh with the updated 4th edition. To facilitate that continued use of the existing book, we will soon circulate a listing of the changes in this revised edition. Teachers will therefore be able simply to annotate their copies of the original 4th edition and have the equivalent of what the students possess in the updated 4th edition. In addition, the authors have added an Appendix including two post-publication decisions that were previously handled by circulating edited versions suitable for class handouts--Bell Atlantic Corp. v. Twombly and Exxon Mobil Corp. v. Allapattah Services, Inc. The authors have included footnotes on the pages where they recommend substituting these cases to refer readers to them. In 2009, we expect to publish the 5th edition. That will, of course, be based on the restyled rules, but it move far beyond the minimal accounting for small numbering and wording changes resulting from restyling. We are pleased to announce that Professor James Pfander, of Northwestern University Law School, will be a new co-author on the 5th edition.

Author: Joseph W. Glannon
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 684

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Book Description
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 into this new 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 Fourth 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

Author: Stephen Subrin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1112

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Book Description
The first civil procedure casebook to consistently show doctrines and rules at work in actual law practice is now available in a revised, expanded, and improved Second Edition. Instructors who Civil Procedure: Doctrine, Practice, and Context, Second Edition can be sure their students will attain a deep and practical understanding of this crucial area of the law. the authors successfully relate the study of civil procedure To The practice of law by: Using an exceptionally varied and provocative set of excerpted materials to provide context and integrate theory, policy, and doctrine. Organizing their book in a manner that facilitates teaching and learning the subject. Taking a less Socratic, more accessible approach and supplying well-written and well-timed introductions and explanations. Including sensible and supportive Comments and Questions. Offering numerous thought-provoking practice exercises that are challenging but not intimidating. Integrating two real cases with Case Files provided in the Appendix, complete with transcripts, memoranda, exhibits, and motions. Consistently emphasizing lawyering skills, values, and social responsibility. Keeping the book to a manageable 1,200 pages, suitable for use in shorter courses. Drawing on their vast combined experience in teaching civil procedure. the Second Edition responds to user feedback, As well as, To developments in the law: more empirical scholarship, law and economics perspectives, and comparative materials are incorporated throughout the text to provide more useful context. Expanded treatment of discovery better reflects the realities of practice by today's litigators, with new sections on electronic discovery, foreign discovery, And The strategic implications of discovery planning. Enhanced coverage of Alternative Dispute Resolution, with both a longer chapter on litigation alternatives and a discussion of ADR incorporated throughout the casebook. Review of emerging issues of personal jurisdiction in the international context. New Internet cases and text on the emerging area of cyberjurisdiction. Completely rewritten chapter on complex litigation now provides a comprehensive yet accessible explanation of a broad range of topics, including Rule 19, intervention, interpleader, class actions, and 1407 consolidations. More practice exams and review questions improve student comprehension. Revised Teacher's Manual with sample syllabi, more explanatory and background material for case and article excerpts, and more details to facilitate effective use of in-class exercises. Give your students important insight on the crucial role of civil procedure in their future careers, with Civil Procedure: Doctrine, Practice, and Context, Second Edition .