Author: Richard L. Marcus
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1288

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Book Description

Author: Richard L. Marcus
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1340

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Book Description
This Updated 4th Edition revises the casebook to account for the restyling of the Federal Rules of Civil Procedure. The pagination has not changed from the 4th Edition (2005). Students will be alerted to the new numbering and wording of the Rules; but teachers can continue to use their current versions of the 4th edition as originally published. On December 1, 2007, the "restyled" Federal Rules went into effect. The hope is that this restyling will pay dividends for decades, and that beginning law students will be among the first beneficiaries. For them, the restyled rules will be the only rules they will know in their professional careers. We assume that most teachers will have their students read and learn from the restyled rules. But this watershed does not change what's in the decided cases under the rules as they were written before Dec. 1, 2007. So students may find it unnerving for their rule pamphlets to say something different from what they find quoted in the cases in the casebook. The Updated 4th Edition is designed to deal with these issues. It has been changed only to reflect changes in numbering or wording of the rules that resulted from the restyling project. Teachers who have been using the 4th edition as published in 2005 can continue to use it; they need not start working afresh with the updated 4th edition. To facilitate that continued use of the existing book, we will soon circulate a listing of the changes in this revised edition. Teachers will therefore be able simply to annotate their copies of the original 4th edition and have the equivalent of what the students possess in the updated 4th edition. In addition, the authors have added an Appendix including two post-publication decisions that were previously handled by circulating edited versions suitable for class handouts--Bell Atlantic Corp. v. Twombly and Exxon Mobil Corp. v. Allapattah Services, Inc. The authors have included footnotes on the pages where they recommend substituting these cases to refer readers to them. In 2009, we expect to publish the 5th edition. That will, of course, be based on the restyled rules, but it move far beyond the minimal accounting for small numbering and wording changes resulting from restyling. We are pleased to announce that Professor James Pfander, of Northwestern University Law School, will be a new co-author on the 5th edition.

Author: A. Benjamin Spencer
Publisher: Ingram
ISBN: 9781634592727
Category : Civil procedure
Languages : en
Pages : 0

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Book Description
The Revised 4th Edition of Civil Procedure: A Contemporary Approach is updated with references to the 2015 amendments to the Federal Rules of Civil Procedure, as well as case law developments since the 2014 publication date of the Fourth Edition. Major recent case law developments included in this revised edition consist of decisions from the Supreme Court addressing personal jurisdiction (Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011), J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), and Daimler AG v. Bauman, 134 S. Ct. 746 (2014)), federal question jurisdiction (Gunn v. Minton, 133 S. Ct. 1059 (2013)), removal of class actions (Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013)), change of venue and forum-selection clauses (Atl. Marine Constr. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas, 134 S. Ct. 568 (2013) [now a principal case]), class certification (Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), Amgen Inc. v. Conn. Ret. Plans & Trust Funds, 133 S. Ct. 1184 (2013)), class arbitration waivers (AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013)), and offers of judgment (Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)). Regarding the 2015 amendments to the Federal Rules of Civil Procedure, this revised edition makes reference to them in the text where appropriate. The changes include the "Duke Rules" package, which alters Rules 1, 4, 16, 26, 30, 31, 33 and 34 to make proportionality a main component of the scope of discovery, to eliminate access to subject matter discovery, require early discussions regarding preservation and privilege protection, permit early document requests, and shorten the time permitted to issue scheduling orders and to achieve service of process. The amendment to Rule 37 codifies an approach to preservation and spoliation that favors curative measures unless there is intentional spoliation, in which case more severe sanctions such as adverse inference instructions or dismissal become available. This edition also fully incorporates recent amendments to the Federal Rules of Civil Procedure and to Title 28 of the U.S. Code, including the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the 2013 amendment to Rule 45 (subpoenas). Finally, the Revised Fourth Edition integrates references to online assessment tools in the Casebook Plus platform. These consist of a bank of 200 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned.

Author: Richard Lempert
Publisher: West Academic Publishing
ISBN: 9781634595858
Category :
Languages : en
Pages :

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Book Description
As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, an outline starter, and 12-month digital access to leading study aids and the Gilbert Law Dictionary. This is the Fifth Edition of the textbook that pioneered the teaching of Evidence using problems rather than appellate opinions. The text explores the Rules of Evidence and their rationales in a straightforward fashion without hiding the ball or ignoring complexities. Problems that clarify the Rules appear throughout the chapters; larger problem sets that explore the Rules in detail are found at the ends of chapters. The updated edition discusses important recent cases and introduces social science findings and recent developments in science and technology that bear on the design and operation of the Rules of Evidence, and on their rationale.

Author: Richard D. Freer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1020

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Book Description

Author: Neil Andrews
Publisher: Oxford University Press on Demand
ISBN: 9780199244256
Category : Law
Languages : en
Pages : 1073

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Book Description
This is a systematic and analytical account of the new system of civil procedure and justice in England and Wales. The book is both comprehensive and detailed, focusing in particular on the fundamental principles that underlie the post-Woolf system. These include the principles set out in the Woolf reforms themselves, principles relating to civil justice derived from the Human Rights Act and ECHR, and older common law principles that continue to apply. This book will provide a much-needed commentary to the Civil Procedure Rules.

Author: Martin Redish
Publisher: West Academic Publishing
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
When the first edition appeared in the 1980s, this casebook promised a modern approach to the subject. The basic structure of the book has held up well, but American civil procedure law and scholarship have never been static. With the death of long-time author Ed Sherman, a new co-author joins the book. Diego Zambrano, a leader in a new generation of civil procedure scholars, brings a fresh perspective to the material.The Eighth Edition of the casebook offers broadened and deepened coverage. Revised Chapter 2 now emphasizes the centrality of due process to American procedure. A reimagined Chapter 4 on joinder offers expanded treatment of class actions and a section on the new "behemoth," multidistrict litigation. Chapter 5 updates treatment of electronic discovery and adds a section on the lawyer's role in complying with discovery obligations. Chapter 8 on personal jurisdiction considers the implications of the Supreme Court's latest decisions, Ford Motor Co. v. Montana District Court (2021) and Mallory v. Norfolk Southern Ry. (2023). Chapter 10 treatment of the Erie Doctrine now contrasts the Court's Shady Grove decision with Gasperini, which remains a mainstay in the book. The book offers a new capstone chapter on settlement, the ultimate result of most American civil litigation. The book contains updated Notes and Questions to reflect recent developments and modern doctrine.The new edition provides an entirely up-to-date treatment of civil procedure.

Author: Richard O. Lempert
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1304

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Book Description

Author: Miklós Kengyel
Publisher: Springer Science & Business Media
ISBN: 9400740727
Category : Law
Languages : en
Pages : 332

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Book Description
The effect of modern and communication technology on civil procedure first appeared on the agenda of the conference organized by the International Association of Procedural Law in 1999, verifying Lord Woolf’s statement from the 90’s, that ”IT will not only assist in streamlining and improving our existing systems and process; it is also likely, in due course, itself to be catalyst for radical change as well...”. At the conference in Pecs in the autumn of 2010 participants from three continents and twenty-five countries examined all aspects of the impact of modern information technology on civil procedure beginning with the electronic submission of the application, ranging from electronic service of documents and electronic means of proof supported by modern information technology. In addition to the practical issues they discussed the possible impact of electronic procedures on traditional principles of civil procedure. The conference book contains seven main reports and eleven correferates, the foreword was written by Prof. Peter Gottwald, the President of the International Association of Procedural Law.

Author: Richard Marcus
Publisher: West Academic Publishing
ISBN: 9781634595094
Category :
Languages : en
Pages : 0

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Book Description
As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, an outline starter, and 12-month digital access to leading study aids and the Gilbert Law Dictionary. The included study aids are Civil Procedure in a Nutshell, Acing Civil Procedure and Exam Pro on Civil Procedure. The redemption code will be shipped to you with the book. The sixth edition of this successful casebook continues the authors' commitment to providing professors and their students with the tools to address both foundational questions and cutting edge procedural issues in a practical way that is attuned to today's legal practice. It contains an expanded treatment of the increasingly important topic of pleading practice, and additional emphasis on electronic discovery issues. It also offers carefully edited versions of recent Supreme Court cases like Ashcroft v. Iqbal and J. McIntyre Machinery, Ltd. v. Nicastro, along with textual and note material to identify and highlight the critical issues. The class-action section contains presentations on Wal- Mart v. Dukes and the key issues raised by the Court's decisions on class-action waivers in arbitration clauses that are appropriate for first-year students. Throughout, the material has been updated and revised to focus on the critical issues of 21st century practice.