Civil Procedure: Cases and Problems, Fourth Edition offers both the classic and the more recent cases and thoughtful notes, questions and secondary... materials. It places technical material in a larger thematic context, so that the students can appreciate the doctrinal and social significance of the individual cases and rules. Starting with due process of law, it emphasizes the constitutional underpinnings of procedural rules and the adversary system. Illuminating the relationship between equality, accuracy, efficiency, and fundamental fairness to guide and inspire learning, Civil Procedure: Cases and Problems features: due process at the beginning of the book to create a conceptual framework for understanding both jurisdiction and the procedural rules constitutional context for understanding procedure that sets the groundwork for advanced courses on Procedure and Federal Courts coverage of the social and economic context underlying procedural reform , particularly with regard to women, minorities and general financial constraints on access to the adversary system for the poor lightly edited classic cases that promote case analysis and preserve the language and subtlety of procedural jurisprudence major Supreme Court precedents, followed and complemented by lower court decisions to demonstrate core doctrinal principles hypothetical problems that open each chapter may be taught or skipped in accordance with different teaching objectives; the problems also double as practice exam questions concise and focused notes that echo the Socratic Method and prompt consideration of salient themes Updated throughout, the Fourth Edition provides: recent style changes to the Federal Rules of Civil Procedure, comprehensively integrated into the casebook, including individual case notes for all cases interpreting operative language of the rules detailed coverage of the Supreme Court's attempt to reform pleading practice in Bell Atlantic and analysis of the effects of the decision in lower courts extended coverage of new developments and scholarship in e-discovery, complex litigation, and alternative dispute resolution updated and enhanced Teacher's Manual that is ideal for new professors and includes notes for every principal case For an approach to Civil Procedure that creates context and connects procedure to its constitutional roots, turn to the Fourth Edition of this venerable casebook that features problems, great teaching cases, and contemporary issues of fairness. New professors and loyal users will especially appreciate the updated and revised Teacher's Manual.

Written with wit, clarity, and a commitment to teaching, Richard Freer's Civil Procedure shows students how the various doctrines fit together into a... comprehensive and cohesive framework. Students have found the book remarkably clear and helpful: - "an excellent guide to Civil Procedure. I was essentially lost for the majority of my Civil Procedure class until I bought this book." - "I find myself coming back to Freer's book to clarify topics that are covered in my casebook." - "full of examples and frameworks that assure success on your CivPro exam." From student reviews on Amazon.com.

This 750 page book is structured so it can be taught quickly but at a high level. The tightly edited cases capture students' interest while teaching the... material well. Notes are short but intellectually challenging. The book has enough materials to cover topics basically or in depth. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers.

This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings... people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure.

A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear... introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide:helps you learn new material by working through chapters that explain each topic in simple languagechallenges your understanding with hypotheticals similar to those presented in classprovides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysisquickly gets to the point in conversational style laced with humorremains a favorite among law school studentsis often recommended by professors who encourage the use of study guidesworks with ALL the major casebooks, suits any class on a given topicprovides an alternative perspective to help you understand your casebook and in-class lectures

This third edition includes several significant recent decisions from the Supreme Court, including those addressing corporate citizenship for purposes... of diversity jurisdiction (Hertz Corp. v. Friend, 130 S. Ct. 1181 (2010)), the Erie/Hanna doctrine (Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co., 130 S. Ct. 1431 (2010)), pleading standards under Rule 8 (Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009)), compulsory party joinder (Republic of Philippines v. Pimentel, 553 U.S. 851 (2008), the relation back of amendments (Krupski v. Costa Crociere, S.p.A., 130 S. Ct. 2485 (2010)), and preclusion doctrine (Taylor v. Sturgell, 553 U.S. 880 (2008). This edition also incorporates the 2009 time computation amendments to the Federal Rules of Civil Procedure, as well as the 2010 amendments to Rules 8, 26, and 56. Finally, this edition includes recent cases addressing the topic of preservation and spoliation in litigation (Pension Committee v. Banc of America Securities, 685 F. Supp. 2d 456 (S.D.N.Y. 2010), Rimkus Consulting Group, Inc. v. Cammarata, 688 F. Supp. 2d 598 (S.D. Tex. 2010). PLEASE NOTE: If you purchase a used, unsealed copy of this book, access to the electronic version of this book may require a separate purchase.

This innovative casebook, written by an outstanding team of Civil Procedure scholars and teachers, is more informative, transparent, and accessible... than a typical casebook. For example, Civil Procedure provides an introduction to each case to help students understand the context for the opinion and to flag important issues to look for while reading the case. After each case, the book provides textual materials and questions, but, unconventionally, the book answers almost all of the questions that are posed. The book has short chapters of manageable scope and uses a different font and a shaded border for the text of opinions. The book also includes multiple choice questions to test students understanding of new concepts followed by an analysis. Each chapter ends with a summary of key concepts. The book also has a companion website and a Rules Supplement. This casebook aims to be approachable and accessible for students and professors alike. Characteristics that take it out of the realm of typical casebooks include: Different treatment of cases Cases are selected to clarify and convey basic concepts Brief, accessible introductions precede the cases and help students understand the opinions and guide them to the important issues Author-written textual materials and questions with answersfollow the cases, facilitating students understanding of the issues and allowing professors to focus class time on sophisticated material Different pedagogy Shorter chapters make the material more manageable Materials are organized with students and ease of study in mind: each chapter begins with a mini-table of contents and ends with a summary of the fundamental points covered in that chapter Questions are presented in various formats, including multiple choice questions and issue analyses Students are carefully walked through the thought processes involved in answering the questions Different design A different look signals and supports the innovations Interior design differentiates the various elements of the book, such as author-written text, case and statutory material, and pedagogy Use of visuals such as charts and photos

The fifth edition of this successful casebook continues the authors' commitment to addressing the cutting edge issues of contemporary procedure. The new... edition contains a revamped treatment of pleadings, important recent Supreme Court decisions, modified presentation of class action issues, expanded attention to electronic discovery, and a thoroughly-revised chapter on appellate review. Throughout, the textual material and Notes and Questions have been updated and revised to make them effective for a 21st century course.

Integrating legal theory with practice in a most unusual way, this user-friendly text uses an intriguing story line to engage students. Workshops take... users through the steps of preparing a case for trial - from drawing up pleadings and motions to computing time. "Putting It Into Practice" questions appear throughout each chapter, challenging students to apply each concept as they read along. Significant emphasis is placed on local and state rules and the text provides space for students to write in the rules and procedures that apply to them. Users are encouraged to create a "forms file" so they have a notebook of forms they can take with them to their first job. Other pedagogical tools include "Procedural Ponderables" that challenge students to think beyond the rules, "Litigation Lingo and Logistics" that provides hypotheticals and interesting exercises, and "Techno Tips" that introduce readers to helpful computer programs, formatting, and other technical issues. Key words: Traditional approach

The Tenth Edition of this popular casebook explores cutting edge issues and incorporates new Supreme Court cases that impact subject-matter jurisdiction... (Grable), pleading (Twombly), joinder (Pimentel), and other important topics, and also explores the effect of recent federal statutes such as the Class Action Fairness 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.

The Compact Tenth Edition of this popular casebook is designed for a one-semester course in Civil Procedure of three- or four-credit hours. The... shortening of the materials found in the larger Tenth Edition and the elimination of certain chapters reflect the authors' judgments concerning what should be the central themes of a Civil Procedure course. The authors continue to believe that the larger Tenth Edition will prove advantageous for many teachers who have shorter courses of even three hours because it provides the maximum flexibility in terms of coverage, depth, and emphasis. Like the larger Tenth Edition, the Compact Tenth Edition reflects the restyled Federal Rules of Civil Procedure, incorporates new Supreme Court cases that impact such topics as pleading, subject-matter jurisdiction, and joinder, and is designed to be accompanied by the authors' latest Civil Procedure Supplement. This 650 page book has 16 chapters that address: An overview of a civil action Territorial jurisdiction over the parties or their property Due process notice and participation rights Jurisdiction over the subject matter of the action Venue, transfer, and forum non conveniens Ascertaining the applicable law: the Erie doctrine, federal common law, and federal law in state-court actions Modern pleading Joinder of claims and parties Class actions Adjudication without trial, with an emphasis on the summary-judgment motion The right to a jury and other elements of trial Appellate review Alternative dispute resolution.

A narrative overview opens Civil Procedure: Cases and Problems with a hypothetical case that illustrates each of the major topics in the course.... Subsequent chapters are similarly arranged--from finding a court that can obtain jurisdiction over the defendants, to the binding effect of a final judgment. Accessible--not simplified--introductions begin each chapter. Every section starts with relatively easy, rules-based material, and then moves on to more complex and subtle issues. Flexible organization allows chapters to be taught out of sequence. More than 230 up-to-date problems appear both within each section and as more comprehensive problems at the end of each chapter. Lightly edited cases develop first-year students’ skills in doctrinal analysis. Here is an integrated approach to covering Alternative Dispute Resolution (ADR) and Rule 11 of the Federal Rules of Civil Procedure (FRCP). The Fourth Edition examines all of the important new Supreme Court decisions dealing with Civil Procedure from the October 2008, 2009, and 2010 terms, including cases on personal jurisdiction, Article III jurisdiction, and class actions. A complete overhaul and reorganization of the pleadings coverage reflects major developments generated by Bell Atlantic v. Twombly and Ashcroft v. Iqbal. Erie materials now include an optional--short version--that is teachable in approximately two class hours or less. Detailed coverage of e-discovery has been added to the chapter on discovery. A revised class action chapter includes thorough coverage of significant judicial opinions issued from the Supreme Court and lower federal courts. Detailed coverage of all amendments to the judicial code as enacted by the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (jurisdiction, removal, venue, and transfer) are provided. The problems have been updated and revised for currency and teaching effectiveness; specifically, more factual details and structure have been added to the problems to make them even more effective teaching tools. The Fourth Edition is available in an e-version as well as print. Hallmark features: Narrative overview of civil procedure in first chapter, including a hypothetical case o illustrates each of the major topics in the course o arranged in the same order as the subsequent chapters o from finding a court that can obtain jurisdiction to the binding effect of a final judgment Section structure o begins with accessible, rules-based material o advances to complex and subtle issues Accessible but not overly simplified introductions for each chapter and section Flexible organization allows chapters to be taught out of sequence More than 230 up-to-date problems

This innovative casebook stresses civil procedure as part of the litigation process—a publicly funded system of dispute resolution. It bridges the gap... in students’ experience that can lead them to feel that civil procedure is unconnected to the “real world” by including many problems and hypotheticals which are intended to make the material more concrete. The authors use notes and questions that explore the strategic and ethical choices that real lawyers face. The notes also include international and comparative material.One of the keys to the book’s success is the “Introduction and Integration” section at the beginning of each chapter, which provides an overview and indicates how the section fits with other topics. Students sometimes miss the richness of the course because they fail to see how its various aspects fit together—they may come away with a knowledge of individual trees but not an overall sense of the forest. The “Introduction and Integration” sections help minimize this risk.