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California has one of the most complex procedural systems in the nation. This Nutshell provides an overview of the many significant differences that impact the choice between state and federal courts in California. The authors succinctly analyze California procedure and expose different solutions to the practice problems found in a state containing parallel systems of state and federal procedure.
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.
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California Court System; State/Federal Relationship; Sources of Procedural Law; Selecting the Proper Court: Subject Matter Jurisdiction; Transfer; Aggregation of Claims; Personal Jurisdiction; Venue; Forum Non Conveniens; Conflicts; Pleading: Nomenclature; Demurrers; Amendments; Indemnity; SOL; Diligent Prosecution: Discovery: Scope; Relevance; Admissibility; Methods; Experts; Sanctions; Punitive Damages; Disposition Without Trial: Summary Judgment; Default; Offer of Judgment; Contribution; Arbitration; Preemption; Fast Track; Trial; Jury; Waiver; Size; Voir Dire; Motions: Instructions; Verdicts; Remedies: Claim & Delivery; Attachment; Injunctions; Supplementary Proceedings; Contempt; Costs; Attorney's Fees; Appeals: Pre-Judgment Review; Sanctions; Timeliness; Substantial Evidence; Harmless Error; Prior Suit: Stare Decisis; Res Judicata; Collateral Estoppel; Parties; Intersystem Preclusion.
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