Learning Civil Procedure provides a broad, student-centered, user-friendly approach to civil procedure that is both clear and sophisticated. Students build mastery of the material through the presentation of examples and analyses. Students then move on to involved problems similar to what they will encounter on final examinations, bar examinations, and as lawyers. The book makes great use of problems to facilitate dialogue in class and correspondingly uses many fewer case excerpts than does the typical casebook. Students will emerge as competent and culturally literate lawyers because the book also includes the core "canon" of civil procedure opinions as well as sufficient historical background. Learning Civil Procedure is a book designed by authors who both teach and litigate, making it the perfect tool for ensuring that students are ready for the classroom, the bar exam, and real-world litigation practice.
Law school classroom lectures can leave you with a lot of questions. Glannon Guides can help you better understand your classroom lecture with straightforward explanations of tough concepts with hypos that help you understand their application. The Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. Here’s why you need to use Glannon Guides to help you better understand what is being taught in the classroom: It mirrors the classroom experience by teaching through explanation, interspersed with hypotheticals to illustrate application. Both correct and incorrect answers are explained; you learn why a solution does or does not work. Glannon Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes material stick.
"This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--
It's the Civil Procedure Professors' classic lament - litigators who are former students are always telling us that NOW they see why civil procedure is so important, and that NOW they understand it. Our challenge is to make the course accessible to our students while they are enrolled, not just after they start practicing. The Patt v. Donner case file is intended to do just that - to help civil procedure students put the course in context as they study, by requiring them to follow, and help draft the pleadings, as a simulated case unfolds from the first day of the semester to the last. On day 1 students watch a ten-minute You Tube(tm) video of an initial client interview. Paula Patt, a newly arrived graduate student at UC Berkeley has been denied an apartment; she suspects it's because she's a single mother. Over the course of the semester students participate in drafting her complaint and seeking a TRO; switch sides to help complete motions to dismiss for failure to state a claim, lack of personal jurisdiction, and lack of subject matter jurisdiction; switch back to amend the complaint and move for discovery sanctions; and conclude the term with jury voir dire and a settlement negotiation. Each pleading exercise provides the student with a largely completed pleading; all they need to do is draft a few key paragraphs. The exercises can be completed as homework or in class, as solo assignments or in teams, and with feedback from the instructor, teaching assistants, or through peer review.
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.
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.
In this book, Dittfurth uses various means to explain the issues of jurisdiction and procedure that arise in federal courts. The book describes the pertinent rules of as they operate in the processing of a case, and also features hypotheticals, with answers, to enhance the reader's understanding of the role played by a particular rule. In the broad sense, procedure is best understood in relation to the substance of litigation -- that is, to the causes of action, remedies, and defenses that are the heart of a lawsuit. These substantive elements are used to make more understandable the processes used in adjudication. Civil procedure is also useful as an introduction to the information and analytical skills prized in law school. This book gives beginning law students clear explanations of the various legal concepts they must master. An extensive glossary of legal terms is included that explains rather than merely defines those concepts. The most confusing part of a law school initiation comes from the requirement that one learn how law is created and used in courts. A student's undergraduate education prepares him or her for simple research to find so-called "black-letter law." But a different skill -- one that lawyers call legal reasoning, or, more precisely, legal advocacy -- is required before a student understands how an advocate can distinguish an unfavorable legal authority and support the application of a more favorable one.
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, leading study aids, an outline starter, and Gilbert Law Dictionary.
