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Civil Procedure A Modern Approach

Author: Richard Marcus
Publisher: West Academic Publishing
ISBN: 9781640201859
Size: 28.18 MB
Format: PDF, Docs
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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 A Modern Approach Casebookplus

Author: Richard Marcus
Publisher: West Academic Publishing
ISBN: 9781640205109
Size: 72.98 MB
Format: PDF, Mobi
View: 318
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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: A. Spencer
Publisher: West Academic Publishing
ISBN: 9781634592727
Size: 76.20 MB
Format: PDF
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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.

Civil Procedure

Author: Stephen C. Yeazell
Publisher: Aspen Law & Business
ISBN: 9781454807100
Size: 43.17 MB
Format: PDF, ePub, Mobi
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Its clear, straightforward writing style continues to make Civil Procedure accessible to students without oversimplifying the material it covers. An effective overview of procedure gives students a working knowledge of the system and offers techniques for statutory analysis. Civil Procedure's teachable structure features a clear organization, concisely edited cases¿carefully chosen for first-year students--textual notes introducing and highlighting connections between sections, and practical problems. The casebook's shorter length assures that each class will completely cover the complex course material in limited hours, and a flexible organization adapts to a variety of teaching approaches. The comprehensive print Teacher's Manual offers detailed teaching guidance, case analyses, and sample syllabi; the interactive online version also provides PowerPoint slides and Mindmaps. A companion Statutory and Case Supplement is annually updated, and the complete text of cases can be found on the accompanying Website. The Eighth Edition introduces innovative new features that highlight important and engaging material. "What's New Here?" boxes briefly summarize key points emerging from cases, statutes, and rules. "Implications" boxes make brief statements about connections and extensions of doctrine, aimed at answering the perennial question students ask, "How does this connect with the rest of the course?" "Perspectives" boxes provide short explorations of cases' historical context and related developments, addressing the query, "What does it mean that this happened at this historical moment?" The material is updated throughout, and new material appears on Erie, pleading, discovery, arbitration, preclusion, class actions, and joinder. The Eighth Edition is available as an eBook as well as a print book. Features: Clear, straightforward writing style, accessible without being oversimplified Effective overview of the procedural system gives students a working knowledge of the system offers techniques for statutory analysis Teachable structure clear organization concisely edited cases, carefully chosen for first-year students textual notes introduce and highlight connections between sections practical problems shorter length assures completion of complex course material in limited hours Flexible organization, adapts to a variety of teaching approaches Comprehensive print Teacher's Manual detailed teaching guidance case analyses sample syllabi And more in the interactive online Teacher's Manual PowerPoint slides Mindmaps Companion Statutory and Case Supplement, annually updated Complet