COMPLEX LITIGATION PROBLEMS IN ADVANCED CIVIL PROCEDURE CONCEPTS AND INSIGHTS

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Complex Litigation

Author : Jay Tidmarsh
ISBN : 1599410656
Genre : Law
File Size : 41.15 MB
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Thoroughly rewritten to account for important developments, the second edition explains the concepts of complex litigation and provides insights into the procedural techniques used to resolve intractable problems of large-scale litigation. Topics covered include aggregation (class actions, multidistrict litigation, and other devices), pretrial and trial, and remedial issues. The book helps students to review and study for courses in Complex Civil Litigation or Advanced Civil Procedure, and also serves as a reference book for students once they are in practice.
Category: Law

Class Actions And Other Multi Party Litigation In A Nutshell

Author : Robert H. Klonoff
ISBN : 0314910972
Genre : Law
File Size : 29.10 MB
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Completely revised and up to date. Thoroughly covers the Class Action Fairness Act of 2005, the 2003 amendments to Rule 23, and numerous important court decisions rendered since the last edition. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, ?opt-out? rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, and ethical and policy issues. Also contains a special focus on securities, mass tort, and employment discrimination class actions, defendant class actions and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions.
Category: Law

Civil Procedure

Author : Samuel Issacharoff
ISBN : 1599415356
Genre : Law
File Size : 69.12 MB
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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.
Category: Law

Civil Procedure

Author : John T. Cross
ISBN : STANFORD:36105064153203
Genre : Law
File Size : 25.38 MB
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This book, which focuses on cases decided in the last decade, differs from similar casebooks in several ways - most notably its extensive use of problems and exercises. Each section includes an Introductory Problem to encourage students to think about the issues, and a review of problems at the end. This approach helps students become comfortable in applying the rules they have learned, and gives them the incentive to look closely at the language of the positive law itself. Exercises throughout encourage students to use their research skills to discover how state procedural standards compare with the federal rules and statutes.
Category: Law

Transnational Civil Litigation

Author : George Rutherglen
ISBN : 1634595009
Genre :
File Size : 88.28 MB
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This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.
Category:

Civil Procedure

Author : Jack H. Friedenthal
ISBN : 0314280162
Genre : Law
File Size : 43.47 MB
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The Eleventh Edition of this popular casebook provides a framework for studying both the essential and the cutting-edge issues of civil procedure while incorporating problems that test doctrinal understanding, foster case reading skills, and encourage a sense of litigation strategy. New Supreme Court cases have been integrated that impact personal jurisdiction (McIntyre, Goodyear), subject-matter jurisdiction (Grable, Gunn), pleading (Twombly, Iqbal), joinder (Pimentel), class actions (Dukes), and other important topics, including statutory changes such as the Jurisdiction Clarification 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. A supplement includes all updated Federal Rules, the pleadings in Twombly and Iqbal, a model case file, state materials, and other important teaching tools.
Category: Law

Materials For A Basic Course In Civil Procedure

Author : Kevin Clermont
ISBN : 1634593103
Genre :
File Size : 34.2 MB
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This classic civil procedure casebook begins with a detailed overview, thus providing students with a solid and complete grounding in the subject, before proceeding to in-depth coverage of the major problem areas. It is highly versatile and can serve the most profound of civil procedure courses as well as a modern compact course allotted as few as three semester hours. Thanks to its flexible structure, it also fosters diverse teaching methods. The twelfth edition retains prior editions' range and depth of coverage, while reflecting a thorough rewriting for improved flow and clarity. It covers major new cases on general and specific personal jurisdiction, pleading, and summary judgment, and it introduces new materials on the res judicata effect of statute-of-limitations dismissals and the theory of burdens and standards of proof. It also fully incorporates the new amendments to the Federal Rules of Civil Procedure, which affect such important topics as discovery. Finally, it brings a proven "Stories" approach to the presentation of the major cases' backgrounds.
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Texas Rules Of Civil Procedure 2018 Edition

Author : Michigan Legal Publishing Ltd.
ISBN : 1640020284
Genre : Law
File Size : 22.53 MB
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This edition of the Texas Rules of Civil Procedure is updated through January 1, 2018. This handy quick reference of the rules is perfect for the attorney or law student. Includes Rules 1 through 822. Part I - General Rules Part II - Rules of Practice in District and County Courts Part III - Rules of Procedure for The Courts of Appeals Part IV - Rules of Practice for The Supreme Court Part V - Rules of Practice in Justice Courts Part VI - Rules Relating to Ancillary Proceedings Part VII - Rules Relating to Special Proceedings Part VIII - Closing Rules
Category: Law

Civil Procedure Stories

Author : Kevin M. Clermont
ISBN : 1599413477
Genre : Law
File Size : 65.98 MB
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This book is a collaborative effort by fourteen law-school professors to provide a deeper understanding of the great civil procedure cases. The professors each wrote a short chapter on one of the cases, retelling the cases in their own voice and by their own method. Each chapter has a fairly consistent structure, with separate sections on: social and legal background of the case; factual background of the case; lower court proceedings in the case; final appellate disposition, including issues, decisions, reasons, and separate opinions; factual postscript to the case; immediate impact of the case on the development of the law (why the case is famous and when it became so); and continuing importance of the case today (why it is still a leading case).The accompanying website, http://civprostories.law.cornell.edu, serves as a research tool for students, academics, and practitioners. The poste
Category: Law