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This classic casebook has been thoroughly updated for 2020-retaining what has made it a favorite for decades while also remaining current and user-friendly. As ever, it contains lightly-edited cases with extensive explanatory notes, thereby teaching students how to read cases while learning doctrine. Some notes are historical and comparative, giving students a more nuanced understanding than can be obtained from simply studying current law. The book is accessible without sacrificing interest and complexity, providing a sophisticated understanding of civil procedure and the federal system. The book also remains adaptable to courses of different length and emphasis, and teaching the material in the instructor's preferred order. The twelfth edition has been thoroughly updated with extensive new material on personal jurisdiction, multidistrict litigation, the amended discovery rules (with a new exercise), and mandatory arbitration.
Pleadings Without Tears has become established as one of the most successful books on practical legal drafting in the context of litigation. This new eighth edition is fully updated to take account of Civil Procedure Rule (CPR) changes since the last edition. The book takes a practical and insightful look at the subject of legal drafting, enabling the reader to become more confident in approaching this often unnecessarily daunting subject. It focuses on core skills and fundamental rules while clearly addressing each stage of the process and goes beyond a straightforward setting out of the precedents and authorities relevant to statements of case. It gives clear examples of how to set out relevant matters with clarity and precision and encourages the reader to give full consideration to concise and clear identification of the subject matter of the action, the issues of the case and the parties' respective positions in respect to those issues. With a wealth of practical examples and anecdotes - and illustrated throughout with cartoons - the light and entertaining style, combined with detailed analysis and explanation, enables the reader to easily acquire a good understanding of drafting.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This supplement is an up-to-date source for the Federal Rules of Civil Procedure and notes of advisory committees, plus other materials important for teaching Civil Procedure and advanced procedure courses, including selected provisions from the U.S. Constitution, U.S. Code and proposed legislation, state constitutions and state jurisdictional statutes, federal local rules, and Rules of Appellate Procedure. It also contains edited versions of recent cases of the Supreme Court of the United States, and provides materials for experiential learning that can be used even if teaching remotely, including a Flow Chart of a Civil Action, an Illustrative Litigation Problem with Sample Documents, and the complaints in Twombly, Iqbal, and Erickson v. Pardus.
The California edition expands the latest edition of the well-established treatise Understanding Civil Procedure to explore California's unique approach. Each chapter begins with the federal doctrine, followed by a section on how California approaches the topic. The book is primarily intended as a reference for law school civil procedure students in California. However, its treatment of recent developments may make it useful to some practitioners as well. The treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further.
This book is a companion volume to Bullen, Leake and Jacob's Precedents of Pleadings and will be useful reading for a full understanding of the system of pleadings in England and Wales. The book aims to provide a comprehensive commentary to the classic compendium of precedents, covering every aspect of pleadings in detail.
This casebook covers all topics in the first-year canon of civil procedure, and some topics in advanced litigation classes (e.g., class actions, appeals). It is organized with the reality and complexities of civil litigation in mind, and follows the litigation sequence, from pleading through preclusion. Each chapter takes a practical as well as analytical approach, through (a) a series of Supreme Court and lower court opinions, (b) notes preceding and following those opinions intended to explain the underlying doctrines and principles behind them, and (c) problems intended to assess and refine students’ understanding of doctrines and their rationales. Ultimately, this casebook demands that students read carefully and at a detailed level, analyze critically, and apply the law from the perspective of the theories underlying the various doctrines. It provides an effective vehicle through which to teach legal analysis and to gently nudge students forward and deeper into the materials. New to the 6th Edition: The 6th edition has been streamlined—about 13% shorter It includes: An introductory overview of the litigation process Relevant Supreme Court decisions up through the close of the October 2021 Term Updated lower court opinions New and revised Problems Benefits for instructors and students: The inclusion of over 200 problems, including detailed review problems at the end of each chapter Progressive coverage of doctrine that takes the students from the basics to a more sophisticated appreciation of the principles and the theories An organization that is designed to promote learning and a full appreciation of the law of procedure Annual statutory and case supplement A demanding and analytical approach to the first-year procedure canon