Civil Procedure

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More About This Textbook

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: 9780735597891
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 5/23/2011
  • Edition description: Older Edition
  • Pages: 1287
  • Sales rank: 304,631
  • Product dimensions: 7.80 (w) x 10.30 (h) x 2.00 (d)

Table of Contents

Part I. Introduction

Ch. 1. An Introduction to American Courts

Ch. 2. The Litigation Process and Sources of Procedural Law

Part II: Subject Matter Jurisdiction

Ch. 3. Diversity Jurisdiction in the Federal Courts

Ch. 4. Federal Question Jurisdiction

Ch. 5. Removal of Cases from State to Federal Court

Part III: Personal Jurisdiction

Ch. 6. The Evolution of Personal Jurisdiction

Ch. 7. Specific In Personam Jurisdiction

Ch. 8. Other Constitutional Bases for Personal Jurisdiction

Ch. 9. Long-Arm Statutes

Ch. 10. The Constitutional Requirement of Notice and Methods of Service of Process

Part IV: Venue

Ch. 11. Basic Venue: Statutory Allocation of Cases Within a Court System

Ch. 12. Challenges to Venue: Transfers and Dismissals

Part V: Pleading

Ch. 13. Basic Pleading

Ch. 14. Responding to the Complaint (Or Not?)

Ch. 15. Care and Candor in Pleading

Ch. 16. Amending Pleadings

Part VI: Joinder and Supplemental Jurisdiction

Ch. 17. Joinder of Claims and Parties

Ch. 18. Complex Joinder: Intervention, Interpleader, and Required Parties

Ch. 19. Introduction to Class Actions

Ch. 20. Supplemental Jurisdiction in the Federal Courts

Part VII: Discovery

Ch. 21. Informal Investigation and the Scope of Discovery

Ch. 22. Discovery Tools

Ch. 23. Discovery Control and Abuse

Part VIII: Choice of Law

Ch. 24. State Law in Federal Courts: The Erie Doctrine

Ch. 25: Substance and Procedure under the Erie Doctrine

Part IX: Pretrial and Trial

Ch. 26. Pretrial Case Management

Ch. 27. Dispositions Without Trial

Ch. 28. The Right to Jury Trial

Ch. 29. Judgment as a Matter of Law (Directed Verdict and JNOV)

Ch. 30. Controlling the Jury

Ch. 31. New Trial and Other Relief from Judgment

Part X: After Final Judgment

Ch. 32. Appeals

Ch. 33. Claim Preclusion

Ch. 34. Issue Preclusion

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