Civil Procedure University Textbook

by Teply, Larry L.

• ISBN13: 9781566629805
• ISBN10: 1566629802
• Edition: 2nd
• Format: Paperback
• Copyright: 2000-08-01
• Publisher: FOUNDATION PRESS INC

Table of Contents

Preface	iii
Introduction to Civil Procedure and Practice	1	(41)
The Role of Civil Actions in the Adminstration of Justice	1	(5)
The Substance-Procedure Distinction	6	(2)
The Adversary System	8	(8)
Alternative Dispute Resolution	16	(4)
The Historical Evolution of Civil Procedure	20	(22)
Subject-Matter Jurisdiction	42	(122)
The Nature of Subject-Matter Jurisdiction	42	(6)
Subject-Matter Jurisdiction of the State Courts	48	(5)
Subject-Matter Jurisdication of the Federal Courts	53	(111)
Personal Jurisdication and Service of Process	164	(148)
Development of Territorial Rules of Personal Jurisdiction	165	(17)
The Operation of the Territorial Rules	182	(17)
Fictional Evolution of the Presence and Consent Tests for Personal Jurisdication	199	(3)
The Development of Modern Restrictions on State-Court Jurisdiction: The Minimum Contacts Test	202	(2)
The Status of the Territorial Rules of Jurisdiction After International Shoe	204	(12)
The Reaction of the States to the Minimum Contacts Test: Long-Arm Statures	216	(4)
The Content of the Minimum Contacts Test	220	(32)
Application of the Minimum Contacts Test to Specific Cases	252	(26)
Jurisdiction by Necessity	278	(4)
Notice	282	(4)
Service of Process	286	(13)
Special Problems of Amenability to Process in Federal Court	299	(13)
Venue	312	(61)
Transitory and Local Actions	313	(7)
Venue in State Courts	320	(1)
Venue in Federal Courts	321	(33)
Forum Non Conveniens and Change of Venue	354	(15)
Injunctions Against Extrastate Litigation and Other Devices for Controlling the Location of the Suit	369	(4)
Sources of Law	373	(115)
The Separation-of-Powers Doctrine	373	(5)
Conflict-of-Laws Problems in a Federal System	378	(1)
The Doctrine of Swift v. Tyson	379	(21)
The Erie Doctrine	400	(14)
The Evolution of the Erie Doctrine: Applicability of State ``Substantive Law'' Under the Rules of Decision Act	414	(23)
The Evolution of the Erie Doctine: Conflicts Between State Law and Federal Rules of Civil Procedure	437	(25)
The Erie Doctrine in the Lower Federal Courts	462	(8)
Determination of State Law	470	(7)
Federal Common Law	477	(11)
Pleading and Related Matters	488	(91)
Common-Law Pleading	488	(6)
Pleading in Equity	494	(1)
Code Pleading	495	(9)
Federal Rules Pleading	504	(40)
Verification and Good Faith Pleading	544	(18)
Provisional Remedies	562	(17)
Joinder of Claims	579	(45)
Joinder of Claims by Plaitiffs at Common Law and in Equity	579	(3)
Joinder of Claims by Plaintiffs Under the Codes	582	(3)
Joinder of Claims by Plaitiffs Under the Federal Rules	585	(10)
Joinder of Claims By Defendants at Common Law and in Equity	595	(2)
Counterclaims and Cross-Claims Under the Codes	597	(2)
Counterclaims and Cross-Claims Under the Federal Rules	599	(25)
Joinder of Parties	624	(112)
Basic Joinder of Parties Rules in Common-Law and Equity Actions	624	(3)
Basic Party Joinder Provisions of the Codes	627	(2)
Basic Party Joinder Provisions of the Federal Rules	629	(41)
Special Joinder Devices	670	(66)
Discovery and Pretrial Conferences	736	(68)
Development of Modern Discovery	736	(7)
The General Scope of Discovery Under the Federal Rules	743	(6)
Required Disclosures Under the Federal Rules	749	(12)
The Discovery Planning Meeting, Timing, Sequence, Priority, Limits, and Certification	761	(5)
Oral Depositions	766	(12)
Depositions upon Written Questions	778	(2)
Interrogatories to Parties	780	(5)
Production of Documents, Entries on Land, Testing and Sampling	785	(2)
Compulsory Physical and Mental Examinations	787	(3)
Requests for Admission	790	(2)
Discovery Before Commencing an Action or Pending An Appeal	792	(1)
Depositions in Foreign Countries	793	(1)
Use of Discovery at Trial	794	(2)
Pretrial Conferences and Orders	796	(8)
Disposition of the Action Without Trial	804	(21)
Default Judgment	804	(3)
Judgment on the Pleadings	807	(2)
Summary Judgment	809	(7)
Voluntary Dismissals	816	(2)
Involuntary Dismissals	818	(1)
Miscellaneous Methods of Disposing of an Action Without Trial	819	(6)
Trial	825	(52)
The Trial Calendar and the Trail Deat	825	(1)
Nature and Order of A Trial Date	825	(5)
Trial by Jury in Anglo-American Law	830	(3)
The Right to Trial by Jury in a Merged System: The Basic Approaches	833	(3)
The Right to Trial by Jury in a Merged System: Operation of the Historical And Modern Federal Approaches	836	(11)
Right to Trial by Jury Versus Mere ``Incidents'' of the Right	847	(1)
The Right ot Trial by Jury in Complex Cases	848	(2)
Involuntary Dismissals, Directed Verdicts, Burden of Proof, and Presumptions	850	(8)
Edvidence	858	(12)
Variance and Amendments at Trial	870	(2)
Jury Instructions	872	(1)
Verdicts and Findings by the Court	873	(1)
Judgment	874	(3)
Post-Trial Motions, Appellater Review, and Extraordinary Relife from Judgments	877	(20)
Post-Trial Motions	877	(4)
Appellate Review	881	(9)
Appellate Procedure	890	(2)
Scope of Review	892	(1)
Harmless Error	893	(1)
Extraordinary Relief from a Judgment	894	(3)
Finality in Litigation	897	(78)
Introduction	897	(3)
Claim Preclusion	900	(15)
Issue Preclusion	915	(24)
Parties Bound by Judgments	939	(6)
Claim and Issue Preclusion on Questions of Subject-Matter and Personal Jurisdiction	945	(4)
Complications Produced by the Federal System	949	(21)
Other Preclusion Doctrines: State Decisis, Law of the Case, and Judicial Estoppel	970	(5)
Table of Cases	975	(18)
Index	993