The book Civil Procedure Cases and Materials is written by Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, and Helen Hershkoff. This Eleventh Edition offers an updated and accessible approach to the study of Civil Procedure. Students tend to find Civil Procedure the most mysterious of their law school courses. Our goal in this edition is to present the material in an environment that is clear and simple, but one that challenges and stimulates the student toward greater critical understanding. In that regard, we have incorporated short problems that test doctrinal understanding, foster case reading skills, and foster a sense of litigation strategy. In addition, because Civil Procedure courses vary widely in the hours assigned, the extent to which they are required or optional, and the year(s) of law school in which students are expected to enroll in them, We have designed this edition for maximum flexibility in terms of coverage, depth, sensitivity, and emphasis for an individual classroom.
This revised edition reflects the amendments to the Federal Rules of Civil Procedure and covers important new Supreme Court cases on personal jurisdiction, federal jurisdiction, pleadings, Eriedoctrine, class actions, and res judicata. The edition addresses not only doctrinal change, but also the still uncertain effects of new technologies, globalism, and privatization on the civil justice system. The edition also responds to the many helpful comments from judges, practitioners, colleagues, and students from the many schools where previous editions have been used. Our conversations confirm our own conclusion that the book is and remains a highly successful teaching tool, and we have retained the basic format and much of the material from the tenth edition. When we have removed earlier material, our preference has been to substitute contemporary cases where the facts are interesting, where the conflicting politics seem to be in a state of equilibrium, or where the context has an extrinsic fascination, rather than of materials that offer a tight monograph on various aspects of the procedure. In addition, we have streamlined some earlier notes and cases to accommodate cutting-edge issues such as the federalization of state law class action lawsuits, the relationship between human rights litigation and the doctrine of forum non conveniens, the effect of pleading standards on corporate responsibility and civil rights. compliance and the impact of alternative dispute resolution in judicial practice that we believe will contribute positively to a lively and participatory discussion in the classroom.
Topics of this Edition
Chapter 1. A Survey of the Civil Action
A. The Concern and Character of Civil Procedure
B. An Outline of the Procedure in a Civil Action
C. A Note on Motion Practice
D. A Note on Remedies
E. A Note on Procedural Rules in the Federal and State Courts
F. Illustrative Cases
Chapter 2. Jurisdiction Over the Parties or Their Property
A. The Traditional Bases for Jurisdiction
B. Expanding the Bases of Personal Jurisdiction
C. A New Theory of Jurisdiction
D. Specific Jurisdiction and State Long-Arm Laws
E. General Jurisdiction and State Long-Arm Laws
F. Internet and Other Technological Contacts
G. Jurisdiction Based Upon Power Over Property
H. Transient Presence in the Forum
I. Another Basis of Jurisdiction: Consent
J. Jurisdictional Reach of the Federal District Courts
K. Challenging a Court’s Exercise of Jurisdiction Over the Person or Property
Chapter 3. Providing Notice and an Opportunity to Be Heard
A. The Requirement of Reasonable Notice
B. The Mechanics of Giving Notice
C. Immunity from Process and Etiquette of Service
D. Opportunity to Be Heard
Chapter 4. Jurisdiction Over the Subject Matter of the Action—The Court’s Competency
A. Subject-Matter Jurisdiction in State Courts
B. The Subject-Matter Jurisdiction of the Federal Courts—Diversity of Citizenship
C. The Subject-Matter Jurisdiction of the Federal Courts—Federal Questions
D. The Subject-Matter Jurisdiction of the Federal Courts—Supplemental Claims
and Parties
E. The Subject-Matter Jurisdiction of the Federal Courts—Removal
F. Challenging the Subject-Matter Jurisdiction of the Court
Chapter 5. The venue, Transfer, and Forum Non Conveniens
A. Venue
B. Transfer of Venue in Federal Courts
C. Forum Non Conveniens
Chapter 6. Ascertaining the Applicable Law
A. State Law in the Federal Courts
B. The Problem of Ascertaining State Law
C. Federal “Common Law”
D. Federal Law in the State Courts
Chapter 7. The Development of Modern Procedure
A. Common Law Pleading
B. The Forms of Action
C. The Other System: Equity
D. Reform: New Pleading, Abolition of the Forms, and the Merger of Law and Equity
Chapter 8. Modern Pleading
A. The Complaint
B. Responding to the Complaint
C. The Reply
D. Amendments
E. Supplemental Pleadings
F. Provisions to Deter Frivolous Pleadings
Chapter 9. Joinder of Claims and Parties: Expanding the Scope of the Civil Action
A. Joinder of Claims
B. Addition of Claims by Defendant
C. Identifying Parties Who May Sue and Be Sued
D. Claims Involving Multiple Parties
E. Impleader
F. Interpleader
G. Intervention
H. Joinder and “Aggregate” Litigation
Chapter 10. Class Actions
A. Overview and Themes
B. History of the Class Action
C. Operation of the Class Action Device
D. Due Process Considerations
E. Class Actions and Jurisdiction
F. Settlement Classes
G. The Preclusive Effect of a Class Action Judgment
H. Class Action Waivers
I. The Problem of the Mass Tort Case
Chapter 11. Pretrial Devices for Obtaining Information: Depositions and Discovery
A. The General Scope of Discovery
B. Mandatory Disclosure and the Discovery Plan
C. The Mechanics of Requested Discovery
D. Special Problems Regarding the Scope of Discovery
E. Sanctions and Judicial Supervision of Discovery
Chapter 12. Case Management
A. Federal Rule 16 and the Development of Case Management Techniques
B. The Operation of Federal Rule 16
C. Extrajudicial Personnel: Magistrate Judges and Masters
D. The Final Pretrial Order
E. Case Management Sanctions
Chapter 13. Adjudication Without Trial or by Special Proceeding
A. Summary Judgment
B. Dismissal of Actions
C. Default Judgment
Chapter 14. Trial
A. Trial by Jury
B. The Scope and Order of Trial
C. Taking the Case From the Jury—Motions for Judgment as a Matter of Law,
Formerly Directed Verdicts and Judgments Notwithstanding the Verdict
D. Instructions and Verdicts
E. Challenging Errors: New Trial
Chapter 15. Securing and Enforcing Judgments
A. Introduction
B. Provisional Remedies and the Due Process Clause
C. Methods of Securing the Judgment—Provisional Remedies
D. Methods of Collecting and Enforcing the Judgment
Chapter 16. Appellate Review
A. The Principle of Finality
B. The Time to Appeal
C. The Ambit of Review
D. The View at the Top—Courts Above Appellate Courts
Chapter 17. The Binding Effect of Prior Decisions: Res Judicata and Collateral Estoppel
A. Terminology
B. Claim and Defense Preclusion
C. Issue Preclusion
D. The Required Quality of Judgment
E. Persons Benefitted and Persons Bound by Preclusion
F. Intersystem Preclusion
Chapter 18. Alternative Dispute Resolution
A. ADR and the Critique of Adversarial Justice
B. Forms of Alternative Dispute Process
C. ADR and Civil Litigation
D. Assessing ADR and the Role of Civil Litigation in American Society
Overview of Civil Procedure Cases and Materials
The eleventh edition of this popular casebook provides a framework for studying both essential and cutting-edge topics in civil procedure while incorporating problems that test doctrinal understanding, foster case-reading skills and foster a sense of litigation strategy. New Supreme Court cases involving personal jurisdiction (McIntyre, Goodyear), subject matter jurisdiction (Grable, Gunn), defense (Twombly, Iqbal), union (Pimentel), class actions (Dukes ), and other important topics. including statutory changes such as the Jurisdiction Clarification Law. The casebook covers all the major topics that a professor might wish to teach in a first-year course and can be easily adapted for courses lasting one or two semesters, of varying credit hours, and with varying theoretical or practical emphases. A supplement includes all of the updated Federal Rules, the Twombly and Iqbal pleadings, a model case file, state materials, and other important teaching tools.
Description:
| Book Name | Civil Procedure Cases and Materials |
| Author of Book | Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff |
| Edition | 11th |
| Language | English |
| Format | |
| Category | Law Books |
