Civil Procedure

by Stephen C. Yeazell, Joanna C. Schwartz, Maureen Carroll

Overview

Civil Procedure, 11th edition by Yeazell, Schwartz, and Carroll provides students with a working knowledge of the procedural system. In Civil Procedure, the authors employ a pedagogical style that offers flexible organization at a manageable length. The book introduces students to the procedural system and provides them with techniques of statutory analysis. The included cases are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that procedural disputes always present clear-cut issues.

New to the Eleventh Edition:  

• Addition of co-author Professor Maureen Carroll of Michigan Law School, an expert in civil procedure, class actions, and civil rights litigation, and an award-winning teacher.
• Updated personal jurisdiction chapter with streamlined opinion excerpts and additional cases reflecting the Supreme Court’s most recent decisions and cutting-edge jurisdictional questions.
• Increased attention to settlement dynamics and pressures throughout the book.
• Addition of contemporary cases that illuminate the impacts of civil procedure on issues of race, gender, and civil rights.
• Updated statistics and information about civil litigation in the United States, including the high proportion of unrepresented litigants.

Professors and students will benefit from:

• Teachable, well-structured casebook featuring a clear organization, concisely edited cases chosen to be readily accessible to first-year students, textual notes introducing each section that highlight connections between material, and practical problems
• Manageable length which allows the class to get through this complex course material in limited hours
• Flexible organization, adaptable to a variety of teaching approaches
• Clear, straightforward writing style, making the material accessible to students without oversimplifying
• Effective overview of the procedural system, which provides students with a working knowledge of the system and of techniques for statutory analysis
• Assessment questions and answers at the end of each chapter, to help students test their comprehension of the material
• Sample complaints, briefs, discovery, dockets, and other materials from cases excerpted in the casebook that can be shared with students to illustrate civil litigation practice

 

Product Details

ISBN-13:	9781543856286
Publisher:	Wolters Kluwer Law & Business
Publication date:	09/15/2022
Series:	Aspen Casebook Series
Edition description:	Eleventh Edition, New Edition
Pages:	900
Product dimensions:	7.38(w) x 10.00(h) x (d)

Table of Contents

Table Of Contents



Preface



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

G. Trial

H. Former Adjudication

I. Appeals



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

E. Removal



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



ChapterVi: Pleading

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

C. Intervention

D. Interpleader

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

Index