Civil Procedure:Cases and Materials

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The basic plan of this book is first to introduce readers to the nature of the judicial power itself and to basic issues of Congress's power over the jurisdiction, and then to follow the litigant's more or less in order through the federal courts. Chapter 2 and 3 spell out the basic contours of district - court jurisdiction in federal - question, admiralty, and diversity cases, with notes on venue and on the Supreme Court's original jurisdiction. Chapter 4 tells the student something about the applicable law ...
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Overview

The basic plan of this book is first to introduce readers to the nature of the judicial power itself and to basic issues of Congress's power over the jurisdiction, and then to follow the litigant's more or less in order through the federal courts. Chapter 2 and 3 spell out the basic contours of district - court jurisdiction in federal - question, admiralty, and diversity cases, with notes on venue and on the Supreme Court's original jurisdiction. Chapter 4 tells the student something about the applicable law governing federal proceedings, including remedies against government officers. Chapter 5 and 6 deal with limitations on the exercise of jurisdiction that cuts across the various jurisdictional categories: sovereign and official immunities a variety of statutory and judicial abstention doctrines. Chapter 7 follows the litigant into situations in which a federal court is asked to pass upon what another tribunal has already done.
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Product Details

  • ISBN-13: 9780314253293
  • Publisher: West Academic Publishing
  • Publication date: 6/1/2001
  • Series: American Casebook Series
  • Edition description: Older Edition
  • Edition number: 8
  • Pages: 1389

Table of Contents

Preface
Table of Cases
Chapter 1 A Survey of the Civil Action
A. The Concern and Character of Civil Procedure
B. An Outline of the Procedure in a Civil Action
C. A Note on Motion Practice
D. A Note on Remedies
E. Illustrative Cases
Chapter 2 Jurisdiction Over the Parties or Their Property
A. The Traditional Bases for Jurisdiction
B. Expanding the Bases of Personal Jurisdiction
C. A New Theory of Jurisdiction
D. Specific Jurisdiction and State Long-Arm Laws
E. General Jurisprudence and State Long-Arm Laws
F. Jurisdiction Based Upon Power Over Property
G. A Refrain: Jurisdiction Based Upon Physical Presence
H. Another Basis of Jurisdiction: Consent
I. Jurisdictional Reach of the Federal District Courts
J. Challenging a Court's Exercise of Jurisprudence Over the Person of Property
Chapter 3 Providing Notice and an Opportunity to be Heard
A. The Requirement of Reasonable Notice
B. The Mechanics of Giving Notice
C. Immunity From Process and Etiquette of Service
D. Opportunity to Be Heard
Chapter 4 Jurisdiction Over the Subject Matter of the Action - The Court's Competency
A. Subject-Matte Jurisdiction in State Courts
B. The Subject-Matter Jurisdiction of the Federal Courts - Diversity of Citizenship
C. The Subject-Matter Jurisdiction of the Federal Courts - Federal Questions
D. The Subject-Matter Jurisdiction of the Federal Courts - Supplemental Claims and Parties
E. The Subject-Matter Jurisdiction of the Federal Courts - Removal
F. Challenging the Subject-Matter Jurisdiction of the Court
Chapter 5 Venue, Transfer, and Forum Non Conveniens
A. Venue
B. Transfer of Venue in Federal Courts
C. Forum Non Conveniens
Chapter 6 Ascertaining the Applicable Law
A. State Law in the Federal Courts
B. The Problem of Ascertaining State Law
C. Federal "Common Law"
D. Federal Law in the State Courts
Chapter 7 The Development of Modern Procedure
A. Common-Law Pleading
B. The Forms of Action
C. The Other System: Equity
D. Reform: New Pleading, Abolition of the Forms, and the Merger of Law and Equity
Chapter 8 Modern Pleading
A. The Complaint
B. Responding to the Complaint
C. The Reply
D. Amendments
E. Supplemental Pleadings
F. Provisions to Ensure Truthful Allegations
Chapter 9 Joinder of Claims and Parties: Expanding the Scope of the Civil Action
A. Joinder of Claims
B. Addition of Claims
C. Identifying Parties Who May Sue and Be Sued
D. Claims Involving Multiple Parties
E. Impleader
F. Interpleader
G. Intervention
Chapter 10 Class Actions
A. History and Philosophy of the Class Action
B. Operation of the Class-Action Device
C. Due Process Considerations
D. Class-Action Practice
E. Class Actions and Jurisdiction
F. The Preclusive Effect of a Class-Action Judgment
Chapter 11 Pretrial Devices for Obtaining Information: Depositions and Discovery
A. The General Scope of and Discretionary Limits on Discovery
B. The Mechanics of the Discovery Devices
C. Special Problems Regarding the Scope of Discovery
D. Sanctions and Judicial Supervision of Discovery
Chapter 12 Pretrial Management and the Pretrial Conference
A. Case Management
B. Extrajudicial Personnel: Masters and magistrates
C. The Final Pretrial Order
Chapter 13 Adjudication Without Trial or by Special Proceeding
A. Summary Judgment
B. Dismissal of Actions
C. Default Judgment
Chapter 14 Trial
A. Trial by Jury
B. The Scope and Order of Trial
C. Taking the Case From the Jury - Motions for Judgment as a Matter of Law, Directed Verdicts, and Judgments Notwithstanding the Verdict
D. Instructions and Verdicts
E. Challenging Errors: New Trial
Chapter 15 Securing and Enforcing Judgments
A. Methods of Securing the Judgment - Provisional Remedies
B. Methods of Collecting and Enforcing the Judgment
Chapter 16 Appellate Review
A. The Principle of Finality
B. The Time to Appeal
C. The Ambit of Review
D. The View at the Top - Courts Above Appellate Courts
Chapter 17 The Binding Effect of Prior Decisions: Res Judicata and Collateral Estoppel
A. Terminology
B. Claim and Defense Preclusion
C. Issue Preclusion
D. The Required Quality of Judgment
E. Persons Benefited and Persons Bound by Preclusion
F. Intersystem Preclusion
Chapter 18 Alternative Dispute Resolution
A. Introduction
B. Negotiated Settlement
C. Alternative Systems of Dispute Resolution
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