Civil Procedure: Cases and Problems, Second Edition / Edition 2

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More About This Textbook

Overview

The Second Edition of this popular casebook continues to provide an accessible presentation of the full range of Civil Procedure topics while it incorporates important new material into a more flexible, more teachable framework. Civil Procedure: Cases and Problems, Second Edition, is the perfect vehicle for giving students a complete understanding of important principles as well as their social and political consequences. the book retains the strengths that gained it such a loyal following by:

  • opening with an extensively revised section on due process, creating a context that makes personal jurisdiction easier to understand authors Barbara Babcock and Toni M. Massaro, both scholars of national reputation, taking a one-step-at-a-time approach to building on introductory material to reach more sophisticated topics
  • distinctive progressive sensibilty integrating women and minorities in all roles of the civil procedure system
  • skillful use of cases, notes, and problems -Cases emphasize the role of procedure in litigation and identify the litigants and their motivation -Notes emphasize professional responsibility and focus on the role of individuals in the judicial process problems open each chapter, however, users do not have to follow the problem method New material updates critical areas as it facilitates teaching and learning:
  • a new section addresses jurisdiction in cyberspace, and notes explain what the technological revolution means to civil procedure
  • the latest on Rule 11 practice and the mandating 'voluntary discovery'
  • recent developments in Erie jurisprudence and the Court's renewed interest in balancing state and federal procedural concerns
  • new two-part organization treats due process, federalism, and discovery as a unit before advancing to the complex litigation topics of joinder, supplemental jurisdiction, and class actions
  • instead of being presented in one chapter, appellate review is now integrated throughout the book
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Product Details

  • ISBN-13: 9780735520608
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 2/28/2001
  • Edition description: Older Edition
  • Edition number: 2
  • Pages: 1239
  • Product dimensions: 7.00 (w) x 8.98 (h) x 1.94 (d)

Table of Contents

SUMMARY OF CONTENTS

1. Due Process of Law

A. Notice and the Opportunity to Be Heard

B. The Hearing that Due Process Requires

C. Due Process and Jurisdiction: The Limits of State Power Over Persons and Property

D. Due Process and the Dual Court System: A First Look at Subject Matter Jurisdiction and Venue

2. Constructing a Civil Law Suit

A. Brief History of Civil Procedure

B. The Allegations: Pleading and Responding Under the Federal Rules of Civil Procedure

C. Beyond the Bi-Modal Lawsuit: A First Look at Multiple Claims and Parties

D. Policing the Pleadings: Ethical Constraints, Frivolous Cases and Creative Advocacy

3. Discovery of the Adversary's Case

A. An Overview of the Discovery Tools and Their Employment

B. Discovery Reform Redux: How the Solution Became the Problem

C. The Scope of Discovery

D. Interrogatories and the Adversarial Advocate

E. Depositions and the Adversarial Advocate

4. Dispositions and Adjudications

A. Settlements, Pretrial Conferences, and Other Maneuvers That Deflect Trials Without Judgment

B. Pretrial Dispositions with Judgment

C. An Overview of a Trial

5. Decision Makers and Decision Models

A. The Judge

B. The Judge's Powers

C. The Jury: The Seventh Amendment Right

D. Choosing a Jury

E. Managing the Jury

F. Alternative Decision Makers

6. More Complex Litigation

A. Subject Matter Jurisdiction in a Dual Court System: A Second Look

B. Extending the Lawsuit: More on Joinder

C. Advanced Issues in Discovery

D. Class Actions: An Introduction (Rule 23)

7. Repose: Ending Disputes

A. Direct Attacks on Judgment

B. Collat

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