Yeazell builds on the strengths that make the casebook so popular:
The text is accessible to students, without being oversimplified.
An overview of the system and the ways in which the Rules shape it.
Designed for teachability, the book offers a clear organization, concisely edited cases chosen for their suitability for firstyear students, and textual notes that introduce each section and highlight connections between class material and practical problems.
Manageable length (just 1050 pages) allows coverage of complex material in a limited number of hours and lets instructors supplement with collateral readings without overloading students.
Flexible structure allows instructors to teach topics in any order they prefer.
Comprehensive Teacher's Manual provides specific teaching instructions for each case and each class, sample syllabi, and examinations as well as alternative ways to use the book.
Companion Statutory and Case Supplement contains necessary documents and is updated annually.
In a clear and logical fashion, this highlyregarded casebook first introduces the constitutional framework for civil litigation, then details the litigation process, and progresses to an explorationof complex litigation, where students see the framework in context. As part of a complete teaching package of unmatched quality and effectiveness, CIVIL PROCEDURE, Fifth Edition, deserves your careful consideration for class use.
Table of ContentsTable Of Contents
Chapter I: An Overview Of Procedure
A. The Idea And The Practice Of Procedure
B. Where Can The Suit Be Brought?
C. Stating The Case
D. Parties To The Lawsuit
E. Factual Development - Discovery
F. Pretrial Disposition - Summary Judgment
H. Former Adjudication
Part A The Constitutional Framework For U.S. Litigations
A. Approaching Civil Procedure
B. Constitutional Limits In Litigation
Chapter Ii: Personal Jurisdiction
A. The Origins
B. The Modern Constitutional Formulation Of Power
C. Consent As A Substitute For Power
D. The Constitutional Requirement Of Notice
E. Self-Imposed Restraints On Jurisdictional Power: Long-Arm Statutes, Venue, And Discretionary Refusal Of Jurisdiction
Chapter Iii: Subject Matter Of Jurisdiction Of The Federal Courts
A. The Idea And The Structure Of Subject Matter Jurisdiction
B. Federal Question Jurisdiction
C. Diversity Jurisdiction
D. Supplemental Jurisdiction
Chapter Iv: The Erie Problem
A. State Courts As Lawmakers In A Federal System
B. The Limits Of State Power In Federal Courts
Part B The Process Of Litigation
Chapter V: Incentives To Litigate
A. Litigation In The United States At The End Of The Twentieth Century
B. Substitutionary Remedies
C. Specific Remedies
D. Declaratory Relief
E. Financing Litigation
F. Provisional Remedies
A. Rival Procedural Systems
B. Pleading In A Modern Regime
C. Responding To The Complaint
Chapter Vii: Discovery
A. Modern Discovery
B. The Possibilities And Limits Of Discovery: Relevance And Privilege
C. Surveying Discovery: Procedures And Methods
D. Discovery And Privacy
E. Discovery In An Adversary System
F. Ensuring Compliance And Controlling Abuse Of Discovery
Chapter Viii: Resolution Without Trial
A. The Pressure To Choose Adjudication Or An Alternative
B. Avoiding Adjudication
C. Curtailed Adjudication: Summary Judgment
D. Judicial Management Of Litigation
Chapter Ix: Identifying The Trier
A. Judging Judges: Bias And Recusal
B. Judge Or Jury: The Right To A Civil Jury Trial
Chapter X: Trial
A. The Limits Of Rational Inference
B. Procedural Control Of Rational Proof
C. The Limits Of The Law's Control: The Jury As A Black Box
Chapter Xi: Appeal
A. Who Can Appeal?
B. When A Decision May Be Reviewed: "Finality"
C. Scope Of Review
Chapter Xii: Respect For Judgments
A. Claim Preclusion
B. Issue Preclusion
C. The Boundaries Of Preclusion
D. Repose: Collateral Attack And Reopened Judgments
Part C Expanding The Framework Of Litigation: Additional Claims And Parties
Chapter Xiii: Joinder
A. Joinder Of Claims
B. Joinder Of Parties
E. Class Actions
Table Of Cases
Table Of Citations To The Judicial Code (28 U.S.C.)
Table Of Citations To The Federal Rules Of Civil Procedure
Table Of Authorities