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Civil Procedure A Modern Approach

Author: Richard Marcus
Publisher: West Academic Publishing
ISBN: 9781640201859
Size: 59.94 MB
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Since it first appeared, this casebook has sought to capture the evolving challenges of civil procedure in a way that engages students and fosters critical judgment on the underlying policy issues. The authors have closely monitored the evolution of procedure over this time, and adapted the basic structure of the book to take account of those changes. That evolution remains central to the seventh edition. The new edition retains the basic structure of the book, and a great deal of the existing superstructure of principal cases. It adds substantially revised text and note material to present contemporary issues in the context of those cases or new principal cases. The discovery chapter, for example, is infused with coverage of the 2015 rule amendments that have received so much attention. The personal jurisdiction chapter integrates the many recent Supreme Court decisions into the existing framework, conveying the developments that have occurred since the last edition appeared in 2013. The new edition also offers new principal cases to examine and illustrate a number of issues. A new Rule 19 case on required parties presents the contemporary issues in a setting likely to be interesting to many students. A new Internet jurisdiction case involves online payday lending, an example of the fast-moving world of Internet-based commerce. A recent supplemental jurisdiction case enables students to work through the application of § 1367 in a setting that also involves appreciation of various joinder concepts. A new class-action case presents the challenges of consumer class actions. New Supreme Court and other principal cases address issues of subject matter jurisdiction and appellate jurisdiction. As reflects contemporary litigation, intellectual property cases are more prominent than in previous editions.

Civil Procedure

Author: Richard L. Marcus
Publisher: West Academic Publishing
ISBN: 9780314278999
Size: 23.91 MB
Format: PDF, Docs
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This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595094. Learn more at CasebookPlus.com. 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. As with prior editions, the authors will provide a thorough Teachers' Manual, which they will supplement with annual Teachers' Updates to keep teachers entirely up-to-date.

Civil Procedure

Author: Richard L. Marcus
Publisher: Harcourt Legal & Professional pubns
ISBN: 9780159002728
Size: 26.72 MB
Format: PDF, Kindle
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Civil Procedure

Author: A. Spencer
Publisher: West Academic Publishing
ISBN: 9781634592727
Size: 60.62 MB
Format: PDF, Docs
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The Revised 4th Edition of Civil Procedure: A Contemporary Approach is updated with references to the impending 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 impending 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.

Developing Professional Skills

Author: Paula Schaefer
Publisher: West Academic Publishing
ISBN: 9780314279538
Size: 59.82 MB
Format: PDF
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The Civil Procedure book in our Developing Professional Skills series -- used as a supplement to your regular text book -- makes it easy to integrate skills training into the civil procedure classroom. The book contains ten exercises designed to develop practice skills of legal drafting, client interviewing and counseling, negotiation, and advocacy. Students spend a manageable one to two hours on tasks including: interviewing a client and then drafting a short complaint; preparing an outline of key arguments supporting a motion to dismiss; negotiating the "clawback" of an inadvertently disclosed document; and drafting a statement of undisputed facts to support a summary judgment motion. Realistic pleadings, discovery, and other documents from the case file are included throughout the book. A comprehensive Teacher's Manual provides guidance and suggestions for expanding the classroom discussion to include professional responsibility concepts and the norms of modern legal practice.

Materials For A Basic Course In Civil Procedure

Author: Kevin Clermont
Publisher: Foundation Press
ISBN: 9781634593090
Size: 69.46 MB
Format: PDF, ePub
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This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The twelfth edition has been thoroughly updated. It covers major new cases on general and specific personal jurisdiction and on pleading, and it introduces new materials on the res judicata effect of statute-of-limitations dismissals. It also fully incorporates the new amendments to the Federal Rules of Civil Procedure, which affect such important topics as discovery.

Federal Civil Rules Supplement

Author: A. Benjamin Spencer
Publisher: West Academic Publishing
ISBN: 9781683287575
Size: 36.38 MB
Format: PDF, Docs
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Receive complimentary lifetime digital access to the eBook with new print purchase. This supplement provides a compact and concise compendium of all of the Federal Rules of Civil Procedure currently in effect including all amendments that have taken effect through December 2016 (no amendments are scheduled to take effect in 2017). It also includes the U.S. Constitution and key provisions of Title 28 of the United States Code. The book's small size and text that is limited to the body of rules and statutes make it a convenient resource for students in civil procedure and complex litigation courses who need quick and easy access to relevant statutory provisions during class or for their studies or exams.

Federal Rules Of Civil Procedure

Author: A. Spencer
Publisher: West Academic Publishing
ISBN: 9781634607445
Size: 47.23 MB
Format: PDF, ePub, Mobi
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This edition is an affordable, all-purpose resource designed to support any classroom text. It provides all new rules and amendments and up-to-date versions of the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, Rules of Procedure of the Judicial Panel on Multidistrict Litigation, habeas corpus rules, Rules of the Supreme Court of the United States, Federal Rules of Evidence, the U.S. Constitution, and proposed rule amendments. Pending rule amendments are presented through interlineation, permitting users to see the pending amendments as a markup to the text of the current rules.

Corporations

Author: Alan R. Palmiter
Publisher: West Academic Publishing
ISBN: 9780314284044
Size: 34.21 MB
Format: PDF, Mobi
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This book is an accessible text for a Corporation law course and one readily adaptable to a Business Associations course. The clear, accessible narrative that students love is now everywhere, not just in selected sections. A new and updated online companion site includes Power Points, class outlines, quizzes and other materials. The second edition includes key updates on cases and legal concepts, including Citizens United, Dodd-Frank and say-on-pay. The "other entities" materials are flexible so professors can customize, large or small.