Civil Procedure

by Levin, A. Leo; Shuchman, Philip; Yablon, Charles M.

• ISBN13: 9781566627559
• ISBN10: 1566627559
• Edition: 2nd
• Format: Hardcover
• Copyright: 1999-08-01
• Publisher: Foundation Pr

Summary

This casebook covers major aspects of civil procedure. The author makes extensive use of empirical materials to illustrate the impact of procedural rules on actual cases. It is a broadly focused look at civil procedure including both state and federal practice.

Table of Contents

Acknowledgments	iii
Preface	vii
Table of Cases	xxv
Introduction	1	(11)
Service of Process	12	(69)
Personal and Abode Service	12	(6)
Abuse of Process	18	(13)
Service and Waiver of Service by Mail	31	(18)
Service by ``Posting''	49	(8)
Substituted Service	57	(4)
Problems of Federalism	61	(7)
The Conditions of Effective Consent	68	(8)
Immunity From Service	76	(5)
Jurisdiction and Venue	81	(153)
Introduction to Personal Jurisdiction	81	(1)
Contacts With the Forum State Based on the Stream of Commerce	82	(27)
Doing Harm Within the Forum State	109	(13)
Doing Business in the Forum State: the Concept of General Jurisdiction	122	(7)
Location of Person or Property Within the Forum State: In Rem and Quasi--In--Rem Jurisdiction	129	(11)
Transient Jurisdiction	140	(14)
Objecting to Jurisdiction	154	(12)
Supplemental Jurisdiction	166	(23)
Venue	189	(45)
Pleadings	234	(98)
The Purpose of the Pleadings	234	(3)
Specificity: The Detail Required	237	(25)
Sanctions for Improper Pleading: Rule 11	262	(29)
Introductory Note to Rule 11	262	(29)
Alternative Pleading	291	(6)
Allocation of the Burdens: Pleading and Proving	297	(5)
Relation Back and Other Problems of Statutes of Limitations	302	(21)
Denial and Reply	323	(9)
Discovery	332	(184)
The Role of Discovery in the Litigation Process	332	(41)
Limitations on Obtaining Discovery	373	(95)
Additional Methods of Obtaining Discovery	468	(35)
Judicial Intervention in the Discovery Process	503	(13)
The Cost of Litigation	516	(88)
Introductory Note	516	(1)
The Cost of Litigation---An Overview	516	(9)
Attorneys' Fees	525	(51)
Court Costs	576	(10)
Judicial Power to Sanction by Awarding Costs	586	(18)
The Pretrial Conference	604	(30)
The Role of the Judge in Case Management	604	(4)
The Role of the Judge in Settlements	608	(26)
Alternative Dispute Resolution	634	(18)
Adjudication Without Trial Revisited; Summary Judgment	652	(52)
The Functional Utility of Summary Judgment	652	(8)
The Applicable Standard	660	(38)
The Need for Discovery	698	(6)
Boundaries of an Action	704	(109)
Introductory Note	704	(1)
Permissive Joinder of Claims and Parties	705	(7)
Class Actions	712	(43)
Current Uses and Problems of the State Class Action	755	(11)
Compulsory Joinder---Indispensable Parties	766	(22)
Intervention	788	(14)
Interpleader	802	(11)
Trial	813	(74)
Right to Jury Trial	813	(22)
Limitations on Right to Jury Trial	835	(4)
Composition of the Jury	839	(13)
Judicial Control of the Jury Process: New Trial, Remittitur, Judgment as a Matter of Law	852	(32)
Appellate Review of Findings by the Court	884	(3)
Judgments	887	(66)
Relief From Judgments	887	(16)
Claim Preclusion	903	(3)
Issue Preclusion	906	(19)
Special Situations	925	(28)
Appeals	953	(34)
The Final Judgment Rule and Its Exceptions	953	(22)
The Scope of Review	975	(5)
Appellate Procedure	980	(7)
Index	987