Basic Civil Procedure Second Revised Edition

Effective litigation today requires an understanding of client and attorney responsibilities with regard to Electronically Stored Information (ESI), the jurisdiction of state and federal courts, choice of law issues, the extent of the attorney-client privilege, and issues of claim preclusion and issue preclusion. In addition, it is important to be familiar with joinder of parties, availability of class actions, multi-district litigation, and issues of sovereign immunity and jurisdiction over foreign corporations. This collection of recent, interesting cases brings all of these issues to life, and helps the reader to understand the context in which the rules of civil procedure are formulated and applied - both by the courts and by various legislative bodies. Good stories make the rules memorable and fascinating. Each case, of course, involves a major event in someone's life. Readers will come to appreciate how often cases are won or lost because of the rules of civil procedure. The rules are at the heart of all civil litigation.

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.

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Civil Procedure, Second Edition primes students to engage at a high level in the classroom. The authors offer clear explanations and frameworks to help students see what is important about each topic in civil procedure. By the time students arrive in the classroom, they will have a solid understanding not only of basic doctrine and mechanics, but also why each topic matters in the real world of litigation. The case selection reflects this commitment. Rather than rely exclusively on appellate cases exploring legal questions, the authors chose cases that would best help students understand the core functions and challenges of each aspect of civil procedure, including numerous decisions by district and magistrate judges applying the rules. The notes and questions guide students step by step to understand the implications of each case. Throughout, the authors offer insights on the implications of procedural rules as a matter of policy and as a matter of litigation strategy. New to the Second Edition: Revised chapter on personal jurisdiction based on Supreme Court’s decisions in Ford (2021) and Mallory (2023). New cases on issue preclusion, supplemental jurisdiction, personal jurisdiction, service of process, and venue. Updates and refinements throughout the book. Benefits for instructors and students include: Clear explanations of each topic to prime students for case reading and class discussion. Notes and Questions that guide students, step by step, not only to understand case holdings and procedural story lines, but also to appreciate nuances that may otherwise be invisible to first-year students. “Terminology Tips” to help students learn the sometimes-baffling language of civil procedure. “Strategy Sessions” to help students see how procedural rules affect litigation strategy and settlement dynamics. “The Big Picture” boxes to help students step back from each topic to see trends and implications.

Popular casebook author and bar review lecturer Richard Freer makes the complex principles of civil procedure accessible for students and practitioners in this treatise. Filled with hundreds of examples, the book integrates legal doctrine with factual analysis. The book breaks the doctrines of civil procedure into easy-to-understand components, and then brings them together to show how they form a comprehensive body of law. As stated by one procedure scholar, this book “is a key reference not only for students, but also for any lawyer or scholar looking for a starting point to their research on procedure and jurisdiction. The latest edition is always on my bookshelf.” New to the 5th Edition: The Supreme Court’s most recent decision on specific personal jurisdiction, Ford Motor Company, and how it flows from the Court’s restriction of general personal jurisdiction Detailed analysis of all recent amendments to the Federal Rules of Civil Procedure Emerging law on class actions, including justiciability, ascertainability, cy pres, and issue certification Detailed treatment of remedies, including provisional remedies The Court’s 2020 recognition of “defense preclusion” Professors and students will benefit from: “Defining the Issue,” a section that opens each chapter, putting material into context and making connections to related areas of procedure and jurisdiction law Analytical frameworks to synthesize key subject areas

Civil Procedure, Second Edition primes students to engage at a high level in the classroom. The authors offer clear explanations and frameworks to help students see what is important about each topic in civil procedure. By the time students arrive in the classroom, they will have a solid understanding not only of basic doctrine and mechanics, but also why each topic matters in the real world of litigation. The case selection reflects this commitment. Rather than rely exclusively on appellate cases exploring legal questions, the authors chose cases that would best help students understand the core functions and challenges of each aspect of civil procedure, including numerous decisions by district and magistrate judges applying the rules. The notes and questions guide students step by step to understand the implications of each case. Throughout, the authors offer insights on the implications of procedural rules as a matter of policy and as a matter of litigation strategy. New to the Second Edition: Revised chapter on personal jurisdiction based on Supreme Court’s decisions in Ford (2021) and Mallory (2023). New cases on issue preclusion, supplemental jurisdiction, personal jurisdiction, service of process, and venue. Updates and refinements throughout the book. Benefits for instructors and students include: Clear explanations of each topic to prime students for case reading and class discussion. Notes and Questions that guide students, step by step, not only to understand case holdings and procedural story lines, but also to appreciate nuances that may otherwise be invisible to first-year students. “Terminology Tips” to help students learn the sometimes-baffling language of civil procedure. “Strategy Sessions” to help students see how procedural rules affect litigation strategy and settlement dynamics. “The Big Picture” boxes to help students step back from each topic to see trends and implications.

The first civil procedure casebook to consistently show doctrines and rules at work in actual law practice is now available in a revised, expanded, and improved Second Edition. Instructors who Civil Procedure: Doctrine, Practice, and Context, Second Edition can be sure their students will attain a deep and practical understanding of this crucial area of the law. the authors successfully relate the study of civil procedure To The practice of law by: Using an exceptionally varied and provocative set of excerpted materials to provide context and integrate theory, policy, and doctrine. Organizing their book in a manner that facilitates teaching and learning the subject. Taking a less Socratic, more accessible approach and supplying well-written and well-timed introductions and explanations. Including sensible and supportive Comments and Questions. Offering numerous thought-provoking practice exercises that are challenging but not intimidating. Integrating two real cases with Case Files provided in the Appendix, complete with transcripts, memoranda, exhibits, and motions. Consistently emphasizing lawyering skills, values, and social responsibility. Keeping the book to a manageable 1,200 pages, suitable for use in shorter courses. Drawing on their vast combined experience in teaching civil procedure. the Second Edition responds to user feedback, As well as, To developments in the law: more empirical scholarship, law and economics perspectives, and comparative materials are incorporated throughout the text to provide more useful context. Expanded treatment of discovery better reflects the realities of practice by today's litigators, with new sections on electronic discovery, foreign discovery, And The strategic implications of discovery planning. Enhanced coverage of Alternative Dispute Resolution, with both a longer chapter on litigation alternatives and a discussion of ADR incorporated throughout the casebook. Review of emerging issues of personal jurisdiction in the international context. New Internet cases and text on the emerging area of cyberjurisdiction. Completely rewritten chapter on complex litigation now provides a comprehensive yet accessible explanation of a broad range of topics, including Rule 19, intervention, interpleader, class actions, and 1407 consolidations. More practice exams and review questions improve student comprehension. Revised Teacher's Manual with sample syllabi, more explanatory and background material for case and article excerpts, and more details to facilitate effective use of in-class exercises. Give your students important insight on the crucial role of civil procedure in their future careers, with Civil Procedure: Doctrine, Practice, and Context, Second Edition .

Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the practice of law. The book focuses on civil rights both to engage student’s by focusing on issues they care out and to illustrate the impact of procedure on real people’s experience with the legal system. The cases are framed in their historical and social context. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by readings highlighting the context of the case as well as review questions and comments which deepen students’ understanding and clarify key concepts, and offers more than forty well-crafted problems (both for class use and review), to help students solidify their understanding of the materials whether used in class or as out-of-class assignments. In-class exercises and simulations based on a sample case file are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from a real case – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. New to the 7th Edition: The inclusion of more examples and problem sets to make the materials more accessible and the concepts more concrete The addition of more practice exercises, with a focus on one set of Case Files throughout the book, rather than the two that were used in prior editions With the removal of Warner v. City of New York case files (because most professors did not have time to use the Warner case files into their courses), issues that are unique to public law litigation are woven throughout the book with practice problems, examples, comments, and questions. This revision will make it easier for professors to incorporate these issues into the course. Professors and students will benefit from: Practice exercises allow students to learn by doing – integrating doctrine, practice, and context. These exercises can be covered in class or, instead, recommended as content for study groups. Topics that are especially hard to teach (like discovery) and those that require a lot of time to teach have been rewritten to respond to adopters’ requests. A case file involving a car accident that is both accessible to first year students and provides good teaching tools for procedure professors to show how a case is litigated from complaint through trial. Because the case file involves a relatively simple state court case, it provides an opportunity to compare state and federal procedural regimes. Review questions focus on student comprehension; broader critical questions are separated out in “questions to ponder” sections. Questions are answered in the teacher’s manual. Background material has been integrated to promote critical thinking and engage students with the latest debates over civil procedure. New practice problems promote engagement with cutting edge issues like Multidistrict Litigation. The authors are developing an online community for adopters – in addition to the teacher’s manual -- to help better facilitate the learning and teaching process for this book.

Civil Procedure in Focus by Jeremy Counseller and Eric Porterfield uses a combination of accessible explanatory text, cases, and other primary legal sources to teach civil procedure, and then provides opportunities for students to apply the law to multiple sets of facts in every chapter. Selected cases illustrate key changes in the law and show how courts have developed and apply doctrine. The unintimidating approach of this casebook provides a hands-on, experiential learning environment that can be essential to many students’ success. Through practice-based exercises, students learn to apply legal principles and concepts to real-world scenarios. Simply knowing the facts of a benchmark case is not enough; knowing how to apply the doctrine from one case to a different set of facts enhances a` student’s ability to succeed in and after law school. New to the Second Edition: Multiple-choice questions at the end of each chapter Discussion of “Snap Removal,” a hot topic currently percolating through the federal court system Updates regarding recent US Supreme Court cases regarding personal jurisdiction Professors and students will benefit from: Applying the Concepts and Civil Procedure in Practice exercises. These end-of-chapter exercises encourage students to synthesize the chapter material and apply relevant legal doctrine and code to real-world scenarios. Students can use these exercises for self-assessment or the professor can use them to promote class interaction. Real Life Applications. Every case in a chapter is followed by Real Life Applications, which present a series of questions based on a scenario similar to the facts in the case. Real Life Applications challenge students to apply what they have learned and help prepare them for real-world practice. Professors can use Real Life Applications to spark class discussions or provide them as individual short-answer assignments. Case Previews and Post-Case Follow-Ups. To succeed, law students must know how to deconstruct and analyze cases. Case Previews highlight the legal concepts in a case before the student reads it. Post-Case Follow-Ups summarize the important points and go one step further—noting the significance of a case to current law as well as its later ramifications. Clear exposition of key concepts in the text that means professors can spend less class time lecturing students on the basics and more time discussing different perspectives on the law, current issues, etc. Essay, short-answer, and multiple-choice questions in every chapter Practice-based hypotheticals that challenge students to apply doctrine to different fact scenarios Exhibits that highlight the relevant rule of law and corresponding legal authority

Recommended by both students and professors, this best-selling paperback study aid is a lifeline for first year students taking a Civil Procedure course. Author Joseph Glannon brings his lively and entertaining style into this new edition along with a wealth of new material. This comprehensive yet hands-on study aid: Covers all aspects of the first year Civil Procedure course including the difficult areas of res judicata, collateral estoppel, and personal and subject matter jurisdiction Presents accessible introductions and explanations Offers a proven pedagogy in the popular examples-and-explanations format -highly effective for learning and applying the Federal Rules of Civil Procedure Gives examples that progress gradually from simple to challenging and build students' confidence Has plenty of visual aids including diagrams, charts, and documents Covers Erie doctrine in a three-chapter section What's new in the Fourth Edition? the latest revisions To The Federal Rules of Civil Procedure A new chapter on the federal question of subject matter jurisdiction Updated changes To The Rules concerning Discovery

Civil Procedure: A Coursebook offers students doctrinal clarity without sacrificing analytical rigor or glossing over ambiguities. The book’s accessibility, organization, and interior design support its innovative pedagogy making it the ideal text for any civil procedure course. New to the Fourth Edition: New case treatment of personal jurisdiction in the Internet context. New cases and materials for affirmative defenses (qualified immunity), class certification (stop and frisk policy), summary judgment (police shooting/qualified immunity), and issue preclusion (official misconduct), helping students connect procedure to current social issues. New case treatment of proportionality in discovery. Professors and student will benefit from: Nearly all questions asked are answered in the book Each chapter includes mini table of contents at beginning and summary of fundamentals at end Each case prefaced by accessible introduction Interior design and graphics support innovative pedagogy