civil procedure 4th university casebook series

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Materials For A Basic Course In Civil Procedure

Author : Kevin Clermont
ISBN : 163459309X
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File Size : 35. 14 MB
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This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The twelfth edition has been thoroughly updated. It covers major new cases on general and specific personal jurisdiction and on pleading, and it introduces new materials on the res judicata effect of statute-of-limitations dismissals. It also fully incorporates the new amendments to the Federal Rules of Civil Procedure, which affect such important topics as discovery.

Civil Procedure

Author : Fleming James
ISBN : 1566629810
Genre : Law
File Size : 71. 65 MB
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The Fifth Edition continues to provide a summary but thorough survey of all the topics regularly included in Civil Procedure courses. New subjects are examined including alternative dispute resolution, attorney fees and litigation costs, and preliminary relief. This edition discusses such matters as transnational aspects of litigation, comparative civil procedure, the settlement class action controversy, and the decline of the Federal Rules ethos reflected in such developments as the proliferation of local rules, congressional rulemaking, and special procedures for certain kinds of litigation.

Civil Procedure

Author : A. Spencer
ISBN : 1634592727
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File Size : 88. 49 MB
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The Revised 4th Edition of Civil Procedure: A Contemporary Approach is updated with references to the impending 2015 amendments to the Federal Rules of Civil Procedure, as well as case law developments since the 2014 publication date of the Fourth Edition. Major recent case law developments included in this revised edition consist of decisions from the Supreme Court addressing personal jurisdiction (Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011), J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), and Daimler AG v. Bauman, 134 S. Ct. 746 (2014)), federal question jurisdiction (Gunn v. Minton, 133 S. Ct. 1059 (2013)), removal of class actions (Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013)), change of venue and forum-selection clauses (Atl. Marine Constr. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas, 134 S. Ct. 568 (2013) [now a principal case]), class certification (Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), Amgen Inc. v. Conn. Ret. Plans & Trust Funds, 133 S. Ct. 1184 (2013)), class arbitration waivers (AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013)), and offers of judgment (Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)). Regarding the impending 2015 amendments to the Federal Rules of Civil Procedure, this revised edition makes reference to them in the text where appropriate. The changes include the "Duke Rules" package, which alters Rules 1, 4, 16, 26, 30, 31, 33 and 34 to make proportionality a main component of the scope of discovery, to eliminate access to subject matter discovery, require early discussions regarding preservation and privilege protection, permit early document requests, and shorten the time permitted to issue scheduling orders and to achieve service of process. The amendment to Rule 37 codifies an approach to preservation and spoliation that favors curative measures unless there is intentional spoliation, in which case more severe sanctions such as adverse inference instructions or dismissal become available. This edition also fully incorporates recent amendments to the Federal Rules of Civil Procedure and to Title 28 of the U.S. Code, including the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the 2013 amendment to Rule 45 (subpoenas). Finally, the Revised Fourth Edition integrates references to online assessment tools in the Casebook Plus platform. These consist of a bank of 200 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned.

Civil Procedure Stories

Author : Kevin M. Clermont
ISBN : 1599413477
Genre : Law
File Size : 41. 12 MB
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This book is a collaborative effort by fourteen law-school professors to provide a deeper understanding of the great civil procedure cases. The professors each wrote a short chapter on one of the cases, retelling the cases in their own voice and by their own method. Each chapter has a fairly consistent structure, with separate sections on: social and legal background of the case; factual background of the case; lower court proceedings in the case; final appellate disposition, including issues, decisions, reasons, and separate opinions; factual postscript to the case; immediate impact of the case on the development of the law (why the case is famous and when it became so); and continuing importance of the case today (why it is still a leading case).The accompanying website, http://civprostories.law.cornell.edu, serves as a research tool for students, academics, and practitioners. The poste

Scientific Evidence In Civil And Criminal Cases

Author : Andre Moenssens
ISBN : 1634607147
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File Size : 51. 9 MB
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This text is the seventh edition of an authoritative work that has defined and shaped the legal analysis of scientific evidence for four decades. A single source and definitive reference for law students, scholars, practicing attorneys, and judges, it covers the critical topics in the law and the scientific disciplines most frequently encountered in the courtroom. It explains established capabilities and existing limitations of forensic science methodologies, as well as controversial and emerging issues in both the forensic science community and the legal system. For each discipline, the standards and qualifications of experts are presented along with evidentiary issues and admissibility challenges. This practical resource begins with an overview of admissibility standards for scientific evidence and expert testimony and considerations for selecting and working with experts. It covers the legal principles relevant to demonstrative exhibits used by expert witnesses in connection with scientific evidence. Drawing upon extensive case references and current research articles, the book includes such topics and disciplines as fingerprint evidence, firearm and toolmark evidence, forensic document examination, fire scene and explosives investigation, trace evidence, vehicle investigations, digital forensics, forensic anthropology, forensic odontology, forensic pathology, forensic toxicology, forensic biology and DNA analysis, controlled substances analysis, and forensic psychiatry and psychology.

The Law Of Democracy

Author : Samuel Issacharoff
ISBN : 1599419351
Genre : Law
File Size : 87. 81 MB
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This text provides a systematic description of the legal construction of American democracy. Much of this edition's revision consists of making note material more concise and reducing the coverage of issues that have become less important as the frontiers of the field moved in new directions. This edition covers the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.

The Law Of Evidence

Author : Jack H. Friedenthal
ISBN : UCAL:$B54643
Genre : Law
File Size : 34. 57 MB
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The cases included are accompanied by text and explanatory materials.

Legal Methods

Author : Jane C. Ginsburg
ISBN : 1587787652
Genre : Law
File Size : 36. 51 MB
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Ginsburg's casebook provides detailed information on legal methods and the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Civil Procedure

Author : Jack H. Friedenthal
ISBN : 0314280162
Genre : Law
File Size : 66. 3 MB
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The Eleventh Edition of this popular casebook provides a framework for studying both the essential and the cutting-edge issues of civil procedure while incorporating problems that test doctrinal understanding, foster case reading skills, and encourage a sense of litigation strategy. New Supreme Court cases have been integrated that impact personal jurisdiction (McIntyre, Goodyear), subject-matter jurisdiction (Grable, Gunn), pleading (Twombly, Iqbal), joinder (Pimentel), class actions (Dukes), and other important topics, including statutory changes such as the Jurisdiction Clarification Act. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one- or two-semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, the pleadings in Twombly and Iqbal, a model case file, state materials, and other important teaching tools.

Civil Procedure

Author : Linda J. Silberman
ISBN : 9781454888697
Genre : Law
File Size : 28. 6 MB
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Using the Socratic method, Civil Procedure: Theory and Practice, Fifth Edition helps students develop strategic, critical thinking with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated, yet straightforward, the text strikes an important balance by providing clear exposition while requiring work to achieve deeper insights. An opening chapter gives an overview of the entire process, using real pleadings and discovery materials in the landmark N.Y. Times v. Sullivan case. The innovative “Anatomy of a Litigation” case study chapter systematically leads students from pleadings to verdict, using leading cases to deepen the connection between the classroom and the courtroom. Civil Procedure: Theory and Practice covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution.

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