Civil Procedure

Civil Procedure PDF 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.

Civil Procedure

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

Get Book Here

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.

Illustrated Guide to Civil Procedure

Illustrated Guide to Civil Procedure PDF Author: Michael Finch
Publisher: Aspen Publishing
ISBN: 154381705X
Category : Law
Languages : en
Pages : 536

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Book Description
An Illustrated Guide to Civil Procedureis a student-friendly and problem-based introduction to how the federal rules operate in the context of a realistic age discrimination case. Students work with the Rules as the case carries them from client intake to trial, all the way to a resolution of the case. They shadow the attorneys and actively participate by making strategic and tactical decisions, and by reviewing and critiquing complaints, answers, motions, and discovery pleas. Truly an illustrated guide to Civil Procedure, this companion supplement is a great asset to all Civil Procedure courses, whether they begin with jurisdiction or the rules of pleading. New to the Fourth Edition: Updates reflecting all changes to the FRCP, including: Amendments that change the time periods within which most actions under the Rules need to be taken Provisions that address issues related to the discovery of electronic information Amendments concerning summary judgment and discovery related to expert witnesses Professors and students will benefit from: A book designed to be either used in-class as a required text or out-of-class as a useful reference Exploration of the procedural rules covered in a one or two-semester course Notes, questions, exercises, tactical and drafting tips, maps, and illustrations contribute to a dynamic learning environment Questions that Students are repeatedly assessed through questions requiring application of procedural rules to the hypothetical suit. Flexible organization that adapts to a variety of syllabi and comprehensive Teacher’s Manual Teaching materials include: Teacher’s Manual In addition to those questions contained in the Guide, the authors make available an extensive set of test questions, answers, and explanations that teachers can use throughout the semester.

A Student's Guide to the Federal Rules of Civil Procedure

A Student's Guide to the Federal Rules of Civil Procedure PDF Author: Steven Baicker-McKee
Publisher: West Academic Publishing
ISBN: 9781683287056
Category :
Languages : en
Pages : 0

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Book Description
Receive complimentary lifetime digital access to the eBook with new print purchase. What Makes A Student's Guide to the Federal Rules of Civil Procedure Different? Text of the Rules, Title 28, and Constitution: A Student's Guide supplies what your students need--the text of the Federal Rules of Civil Procedure (as amended through December 1, 2017), the frequently-consulted sections of the U.S. Judiciary Code, and the text (with revision history) of the U.S. Constitution. This is where most Rules Supplements available to students stop, with just an austere reprinting of these texts. PLUS... Student-Friendly Orientation to Each Rule: But what students often find challenging in studying Civil Procedure--and what is less likely to be found in either a casebook or a conventional study aid--is an understanding of how each Rule "fits" into the master scheme of federal civil practice generally. This edition of A Student's Guide offers students that very guidance. Two features (new in this edition) now follow the text of each Rule: "How This Rule Fits In" explains for students the context of each Rule and the role each plays in federal civil practice, and "The Architecture of this Rule" which helps students unpack those Rules that are especially long and confusing. These two features guide students in contextualizing and making sense out of the Rules at a Rule-by-Rule level. PLUS... Rule-Specific Functions and Nuances: Students often struggle to appreciate how the theory of a Rule operates in practice. A Student's Guide addresses that concern by supplying a final feature to each Rule discussion - "How this Rule Works in Practice" - designed to help students understand each Rule's function, subpart by subpart, and the real-world, practical applications and nuances of each subpart in practice. PLUS... Citations to Interpretative Case Law: Also unlike most other Rules Supplements, A Student's Guide provides students with select, leading interpretative case law analyzing the Rules and their subparts. This, then, converts this text into a "finding aid" of sorts, as students work through applied problems in the context of the Rules. PLUS... An Overview of Companion Federal Practice Concepts: Because many of the related core concepts of federal practice are an amalgam of law found in Rules, statutes, constitutional provisions, and case law, A Student's Guide bridges that gulf with quick, orienting discussions of central practice concepts like personal jurisdiction, subject-matter jurisdiction, removal, venue, forum non conveniens, the Erie Doctrine, and claim and issue preclusion. These distillations allow students to acquire a broad view of those related practice contexts. PLUS... A Handy Overview of Federal Appellate Practice: This edition of A Student's Guide also includes the text of the Federal Rules of Appellate Procedure, introduced by a student-friendly overview of federal appellate practice. PLUS... A Helpful Orientation to the Rulemaking Process: A Student's Guide also includes a brief orientation for students to the process of federal rulemaking, how the Rules originally came into existence, and how they are amended.

Federal Civil Rules Supplement 2011-2012

Federal Civil Rules Supplement 2011-2012 PDF Author: A. Benjamin Spencer
Publisher: West Academic Publishing
ISBN: 9780314275257
Category : Civil procedure
Languages : en
Pages : 0

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Book Description
This supplement provides a compact and concise compendium of all of the Federal Rules of Civil Procedure currently in effect. It also includes the U.S. Constitution and key provisions of title 28 of the United States Code. The supplement's small size and text limited to the body of rules and statutes make it a convenient resource for students in civil procedure and complex litigation courses needing quick and easy access to relevant statutory provisions during class or for their studies or exams.

Civil Procedure

Civil Procedure PDF Author: STEPHEN C. YEAZELL
Publisher: Aspen Publishing
ISBN: 9781543808650
Category :
Languages : en
Pages : 0

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Book Description
Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes--portability, meaningful feedback, and greater efficiency. This looseleaf version of the Connected Casebook does not come with a binder. In Civil Procedure, Tenth Edition, the authors employ a pedagogical style that offers flexible organization at a manageable length. The book gives students a working knowledge of the procedural system and introduces the techniques of statutory analysis. The cases selected are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that most procedural disputes present clear-cut issues. New to the Tenth Edition: Revised coverage of discovery, including the 2015 amendments to the Federal Rules of Civil Procedure and digital discovery Revised and updated coverage of arbitration, including class waivers Contemporary cases and examples added throughout Professors and students will benefit from: Teachable, well-structured text featuring clear organization, concisely edited cases chosen to be readily accessible to first-year students, textual notes introducing each section that highlight connections between material, and practical problems A manageable length which allows the class to get through this complex course material in limited hours Flexible organization, adaptable to a variety of teaching approaches A clear, straightforward writing style, making the material accessible to students without oversimplifying An effective overview of the procedural system, which provides students with a working knowledge of the system and of techniques for statutory analysis Assessment questions and answers at the end of each chapter, to help students test their comprehension of the material CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

A Student's Guide to the Federal Rules of Civil Procedure

A Student's Guide to the Federal Rules of Civil Procedure PDF Author: Steven Baicker-McKee
Publisher: West Academic
ISBN: 9780314168153
Category : Law
Languages : en
Pages : 1181

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Book Description
Popular with law students, A Student's Guide to the Federal Rules of Civil Procedure provides a lucid, up-to-date explanation of all of the major topics in a typical first-year course in civil procedure. Updated and expanded, the guide contains more than 2,000 new citations; it also provides a discussion of procedure after removal of a case from state court, touching on such issues as the time limits for motions to remand, a federal judge's lack of jurisdiction to reconsider remand, and a federal appellate court's lack of jurisdiction to hear an appeal of remand order. The guide also covers such areas of procedure as jurisdiction, venue, the Erie doctrine, forum non conveniens, and res judicata.

Evidence

Evidence PDF Author: Sydney Aaron Beckman
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1016

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Book Description
Evidence: A Contemporary Approach is the latest addition in a new breed of casebook. This book provides a comprehensive, engaging and effective treatment of evidence presented in a clear and concise format that is accessible and engaging to students. The casebook features a novel visual display and layout that uses text boxes, diagrams, and color/border segregated feature sections for hypotheticals, references to scholarly debates, useful information for students, and questions to provoke thought. A major distinguishing feature of the book is its inclusion of an accompanying electronic version with extensive hyperlinking to Westlaw versions of legal materials, Black's Law Dictionary definitions, supplementary online resources, and more.

Federal Rules of Bankruptcy Procedure; 2021 Edition

Federal Rules of Bankruptcy Procedure; 2021 Edition PDF Author: Michigan Legal Publishing Ltd.
Publisher:
ISBN: 9781640020955
Category : Law
Languages : en
Pages : 160

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Book Description
A concise and comprehensive edition of the Federal Rules of Bankruptcy Procedure for quick reference, updated through January 1, 2021. Also includes a statutory supplement of relevant sections of Title 28 of the United States Code. Perfect for your briefcase or desk and a great format for the attorney or law school student who simply needs to refer to the rules.

Merritt and Simmons's Learning Evidence: from the Federal Rules to the Courtroom, 5th

Merritt and Simmons's Learning Evidence: from the Federal Rules to the Courtroom, 5th PDF Author: Deborah Jones Merritt (‡e author)
Publisher: West Academic Publishing
ISBN: 9781684675784
Category : Evidence (Law)
Languages : en
Pages : 1096

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Book Description
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, online videos, interactive trial simulations, leading study aids, an outline starter, and Gilbert Law Dictionary.

Civil Procedure

Civil Procedure PDF Author: Stephen C. Yeazell
Publisher: Aspen Publishers
ISBN: 9781454868347
Category : Civil procedure
Languages : en
Pages : 0

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Book Description
Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. Civil Procedureis written by one of the leading voices on Procedure, StephenYeazell, who for thisNinth Editionis joined by his colleague Joanna Schwartz. Yeazelland Schwartz employ a pedagogical style that offers flexible organization at a manageable length. The book gives students a working knowledge of the procedural system and introduces the techniques of statutory analysis. The cases selected are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that most procedural disputes present clear-cut issues. Key Features of the New Edition: Procedures as Strategy Notes: brief notes enabling students to see how lawyers use procedural tools to implement litigation strategy. Assessment Questions: each chapter ends with series of brief questions allowing students to test their comprehension of basic concepts. New Material on Erie, pleading, discovery, arbitration, preclusion, class actions, andjoinder. Updated companion Statutory and Case Supplement. Available as anebookand print book. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.