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Author: David A. Dittfurth Publisher: ISBN: Category : Law Languages : en Pages : 312
Book Description
This book contains explanations of topics covered in the beginning law school course in civil procedure. The difficult topics of subject matter jurisdiction, personal jurisdiction, and the Erie doctrine are covered at length. The book begins with an introduction to law study and an overview of procedure in federal trial courts, covering such topics as standing to sue and the justiciability doctrines. Subsequent chapters discuss pleadings, motions, parties, claims, discovery, and trial.The Federal Rules of Civil Procedure serve as the model procedural code in this book as they do in most civil procedure books. However, before describing the application of various Rules, the author explains the constitutional scope of federal judicial power and details the constraints on any court's jurisdiction over defending parties. The author also stresses the interplay of procedural and substantive law.This book introduces the reader to the complexities of federal jurisdiction and procedure and contains a sufficient wealth of detail to serve as a reference. It explains federal procedure in a way that makes the subject accessible to those who have no background in procedure. The book provides summaries to introduce the reader to the essential rules needed for analysis; in addition, hypothetical problems are posed and answered to show how those rules and case decisions can be used.
Author: David A. Dittfurth Publisher: ISBN: Category : Law Languages : en Pages : 312
Book Description
This book contains explanations of topics covered in the beginning law school course in civil procedure. The difficult topics of subject matter jurisdiction, personal jurisdiction, and the Erie doctrine are covered at length. The book begins with an introduction to law study and an overview of procedure in federal trial courts, covering such topics as standing to sue and the justiciability doctrines. Subsequent chapters discuss pleadings, motions, parties, claims, discovery, and trial.The Federal Rules of Civil Procedure serve as the model procedural code in this book as they do in most civil procedure books. However, before describing the application of various Rules, the author explains the constitutional scope of federal judicial power and details the constraints on any court's jurisdiction over defending parties. The author also stresses the interplay of procedural and substantive law.This book introduces the reader to the complexities of federal jurisdiction and procedure and contains a sufficient wealth of detail to serve as a reference. It explains federal procedure in a way that makes the subject accessible to those who have no background in procedure. The book provides summaries to introduce the reader to the essential rules needed for analysis; in addition, hypothetical problems are posed and answered to show how those rules and case decisions can be used.
Author: W. Jeremy Counseller Publisher: Aspen Publishing ISBN: 1543820921 Category : Law Languages : en Pages : 902
Book Description
Civil Procedure in Focus by Jeremy Counseller and Eric Porterfield uses a combination of accessible explanatory text, cases, and other primary legal sources to teach civil procedure, and then provides opportunities for students to apply the law to multiple sets of facts in every chapter. Selected cases illustrate key changes in the law and show how courts have developed and apply doctrine. The unintimidating approach of this casebook provides a hands-on, experiential learning environment that can be essential to many students’ success. Through practice-based exercises, students learn to apply legal principles and concepts to real-world scenarios. Simply knowing the facts of a benchmark case is not enough; knowing how to apply the doctrine from one case to a different set of facts enhances a` student’s ability to succeed in and after law school. New to the Second Edition: Multiple-choice questions at the end of each chapter Discussion of “Snap Removal,” a hot topic currently percolating through the federal court system Updates regarding recent US Supreme Court cases regarding personal jurisdiction Professors and students will benefit from: Applying the Concepts and Civil Procedure in Practice exercises. These end-of-chapter exercises encourage students to synthesize the chapter material and apply relevant legal doctrine and code to real-world scenarios. Students can use these exercises for self-assessment or the professor can use them to promote class interaction. Real Life Applications. Every case in a chapter is followed by Real Life Applications, which present a series of questions based on a scenario similar to the facts in the case. Real Life Applications challenge students to apply what they have learned and help prepare them for real-world practice. Professors can use Real Life Applications to spark class discussions or provide them as individual short-answer assignments. Case Previews and Post-Case Follow-Ups. To succeed, law students must know how to deconstruct and analyze cases. Case Previews highlight the legal concepts in a case before the student reads it. Post-Case Follow-Ups summarize the important points and go one step further—noting the significance of a case to current law as well as its later ramifications. Clear exposition of key concepts in the text that means professors can spend less class time lecturing students on the basics and more time discussing different perspectives on the law, current issues, etc. Essay, short-answer, and multiple-choice questions in every chapter Practice-based hypotheticals that challenge students to apply doctrine to different fact scenarios Exhibits that highlight the relevant rule of law and corresponding legal authority
Author: Joseph W. Glannon Publisher: Aspen Publishers ISBN: Category : Law Languages : en Pages : 644
Book Description
There are two types of Civil Procedure students -- those who use Glannon's helpful paperback and those who end up wishing they did. This phenomenally popular paperback text entered its Third Edition with the unqualified endorsement of students who consider it a survival guide and teachers who recognize it as a worthy partner to any casebook. In the hallmark Examples & Explanations Series style, The book follows a consistent format: each chapter contains explanatory text followed by questions which test student understanding, which are in turn followed by suggested answers. While preserving his distinctive style and approach, Glannon's revisions reflect recent case law and changes in the Rules, such as: -service of process (Rule 4) -venue -an enhanced section on discovery including two new chapters address the scope of discovery under Rule 26 And The major tools of discovery CIVIL PROCEDURES: Examples and Explanations, Third Edition emphasizes personal and subject matter jurisdiction, res judicata, and collateral estoppel. Six full chapters illustrate pleadings and motions, with thorough explanation For The lawyers' strategy. To show how doctrines operate in relation to one another, several chapters compare and contrast related doctrines, such as: -joinder and jurisdiction -judgment n.o.v. -res judicata and joinder Glannon also explains corollaries and qualifications of the doctrine, and offers an unmatched treatment of Erie. By taking an unpretentious approach to civil procedure and using humor and historical names where appropriate, Glannon puts complex concepts within reach of the typical student. Also by Glannon: The Law of Torts: Examples & Explanations and don't forget Glannon's popular AUDIO PROGRAM: Fireside Civil Procedure: An Audio Companion Civil Procedure: Table of Contents Preface to Students Acknowledgements Special Notice PART ONE: CHOOSING A PROPER COURT 1. Personal Jurisdiction: The Enigma of Minimum Contacts 2. Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long-Arm 3. Seeking the Home Field Advantage: Challenges to Personal Jurisdiction 4. Diversity Jurisdiction: When Does Multiplicity Constitute Diversity? 5. Personal and Subject Matter Jurisdiction Compared: The First Two Rings 6. Second-Guessing the Plaintiff's Choice of Forum: Removal 7. Proper Venue in Federal Courts: A Rough Measure of Convenience 8. Choosing a Proper Court: The Three Rings Reconsidered PART TWO: STATE LAW IN FEDERAL COURTS 9. Easy Erie: The Law of Rome and Athens 10. Eerie Erie: The Substance/Substance Distinction 11. Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos PART THREE: THE SCOPE OF THE ACTION 12. Sculpting the Lawsuit: The Basic Rules of Joinder 13. Into the Labyrinth: Joinder of Parties under Rule 14 14. Jurisdictional Fellow Travelers: Supplemental Jurisdiction 15. Jurisdiction vs. Joinder: The Difference between Power and Permission PART FOUR: STEPS IN THE LITIGATION PROCESS 16. The Bearer of Bad Tidings: Service of Process in the Federal Courts 17. Getting Off Easy: The Motion to Dismiss 18. The Scope of Discovery: The Rules Giveth, And The Rules Taketh Away 19. Tools of the Trade: Basic Methods of Discovery 20. Defective Allegation or Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment 21. The Judge And The Jury, Part One: Judgment as a Matter of Law (Directed Verdict) 22. The Judge And The Jury, Part Two: Whose Case is This, Anyway? PART FIVE: THE EFFECT OF THE JUDGEMENT 23. Res Judicata: The Limits of Procedural Liberality 24. Res Judicata And The Rules of Joinder: When Does May Mean Must? 25. Collateral Estoppel: Fine-Tuning the Preclusion Doctrine 26. T
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: David A. Dittfurth
Author: David A. Dittfurth
Author: W. Jeremy Counseller
Author: Joseph W. Glannon
Author: Steven Baicker-McKee
Author: 
Author: American Bar Association. House of Delegates
Author: James M. Wagstaffe
Author: United States. Department of Justice
Author: Thomas E. Willging
Author: United States