Civil Procedure : Examples and Explanations

Civil Procedure : Examples and Explanations

3.6 14
by Joseph W. Glannon
     
 

PART ONE: CHOOSING A PROPER COURT

• Personal Jurisdiction: The Enigma of Minimum Contacts

• Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long-Arm

• Seeking the Home Field Advantage: Challenges to Personal Jurisdiction
• Federal Questions and Federal Cases: Jurisdiction over Cases 'Arising

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Overview

PART ONE: CHOOSING A PROPER COURT

• Personal Jurisdiction: The Enigma of Minimum Contacts

• Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long-Arm

• Seeking the Home Field Advantage: Challenges to Personal Jurisdiction
• Federal Questions and Federal Cases: Jurisdiction over Cases 'Arising under' Federal Law

• Diversity Jurisdiction: When Does Multiplicity Constitute Diversity

• Personal and Subject Matter Jurisdiction Compared: The First Two Rings

• Second-Guessing the Plaintiff's Choice of Forum: The Removal

• Proper Venue in Federal Courts: A Rough Measure of Convenience

• Choosing a Proper Court: The Three Rings Reconsidered

PART TWO: STATE LAW IN FEDERAL COURTS

• Easy Erie: The Law of Rome and Athens

• Eerie Erie: The Substance/Substance Distinction

• Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos

PART THREE: THE SCOPE OF THE ACTION

• Sculpting the Lawsuit: The Basic Rules of Joinder

• Into the Labyrinth: Joinder of Parties under Rule

• Jurisdictional Fellow Travelers: Supplemental Jurisdiction

• Jurisdiction vs. Joinder: The Difference between Power and Permission

PART FOUR: STEPS IN THE LITIGATION PROCESS

• The Bearer of Bad Tidings: Service of Process in the Federal Court

• Getting Off Easy: The Motion to Dismiss

• The Scope of Discovery: The Rules Giveth, and the Rules Taketh Away

• Tools of the Trade: Basic Methods of Discovery

• Defective Allegation of Insufficient Proof?:Dismissal for Failure to State a Claim Compared to Summary Judgment

• The Judge and the Jury, Part One: Judgment as a Matter of Law (Directed Verdict) The Judge and the Jury - Part Two: Whose Case Is This, Anyway?

PART FIVE: THE EFFECT OF THE JUDGMENT

• Res Judica: The Limits of Procedural Liberality

• Res Judica and the Rules of Joinder: When Does May mean Must?

• Collateral Estoppel: Fine-Tuning the Preclusion Doctrine

• The Obscure Kingdom: Nonmutual Collateral Estoppel

PART SIX: THINKING PROCEDURALLY: THE RULES IN ACTION

• An Introduction to the Pretrial Litigation Process: Setting the Stage for the Schulansky Case

• First Moves: Schulansky Goes to Court - A Change of Forum: Ronan Removes to Federal Court

• The Defendant's Perspective: Ronan's Answer and Counterclaim

• Chain Reaction: Ronan Brings in Jones

• Preliminary Objections: Jones Seeks a Way Out

• Tactical Dilemma: Ronan's Motion for Summary Judgment

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Product Details

ISBN-13:
2900735570336
Publisher:
Aspen Law & Business
Publication date:
05/28/2008
Edition description:
New Edition

Table of Contents

PART ONE: CHOOSING A PROPER COURT
• Personal Jurisdiction: The Enigma of Minimum Contacts
• Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long-Arm
• Seeking the Home Field Advantage: Challenges to Personal Jurisdiction
• Federal Questions and Federal Cases: Jurisdiction over Cases 'Arising under' Federal Law
• Diversity Jurisdiction: When Does Multiplicity Constitute Diversity
• Personal and Subject Matter Jurisdiction Compared: The First Two Rings
• Second-Guessing the Plaintiff's Choice of Forum: The Removal
• Proper Venue in Federal Courts: A Rough Measure of Convenience
• Choosing a Proper Court: The Three Rings Reconsidered

PART TWO: STATE LAW IN FEDERAL COURTS
• Easy Erie: The Law of Rome and Athens
• Eerie Erie: The Substance/Substance Distinction
• Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos

PART THREE: THE SCOPE OF THE ACTION
• Sculpting the Lawsuit: The Basic Rules of Joinder
• Into the Labyrinth: Joinder of Parties under Rule
• Jurisdictional Fellow Travelers: Supplemental Jurisdiction
• Jurisdiction vs. Joinder: The Difference between Power and Permission

PART FOUR: STEPS IN THE LITIGATION PROCESS
• The Bearer of Bad Tidings: Service of Process in the Federal Court
• Getting Off Easy: The Motion to Dismiss
• The Scope of Discovery: The Rules Giveth, and the Rules Taketh Away
• Tools of the Trade: Basic Methods of Discovery
• Defective Allegation ofInsufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment
• The Judge and the Jury, Part One: Judgment as a Matter of Law (Directed Verdict) The Judge and the Jury - Part Two: Whose Case Is This, Anyway?

PART FIVE: THE EFFECT OF THE JUDGMENT
• Res Judica: The Limits of Procedural Liberality
• Res Judica and the Rules of Joinder: When Does May mean Must?
• Collateral Estoppel: Fine-Tuning the Preclusion Doctrine
• The Obscure Kingdom: Nonmutual Collateral Estoppel

PART SIX: THINKING PROCEDURALLY: THE RULES IN ACTION
• An Introduction to the Pretrial Litigation Process: Setting the Stage for the Schulansky Case
• First Moves: Schulansky Goes to Court - A Change of Forum: Ronan Removes to Federal Court
• The Defendant's Perspective: Ronan's Answer and Counterclaim
• Chain Reaction: Ronan Brings in Jones
• Preliminary Objections: Jones Seeks a Way Out
• Tactical Dilemma: Ronan's Motion for Summary Judgment

Read More

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