Civil Procedure: Examples and Explanations

by Glannon, Joseph W.

• ISBN13: 9781567065060
• ISBN10: 1567065066
• Edition: 3rd
• Format: Paperback
• Copyright: 1996-06-01
• Publisher: Aspen Pub

Summary

There are two types of Civil Procedure students -- those who use Glannon's helpful paperback and those who end up wishing they did. This phenomenally popular paperback text entered its Third Edition with the unqualified endorsement of students who consider it a survival guide and teachers who recognize it as a worthy partner to any casebook. In the hallmark Examples & Explanations Series style, The book follows a consistent format: each chapter contains explanatory text followed by questions which test student understanding, which are in turn followed by suggested answers. While preserving his distinctive style and approach, Glannon's revisions reflect recent case law and changes in the Rules, such as: -service of process (Rule 4) -venue -an enhanced section on discovery including two new chapters address the scope of discovery under Rule 26 And The major tools of discovery CIVIL PROCEDURES: Examples and Explanations, Third Edition emphasizes personal and subject matter jurisdiction, res judicata, and collateral estoppel. Six full chapters illustrate pleadings and motions, with thorough explanation For The lawyers' strategy. To show how doctrines operate in relation to one another, several chapters compare and contrast related doctrines, such as: -joinder and jurisdiction -judgment n.o.v. -res judicata and joinder Glannon also explains corollaries and qualifications of the doctrine, and offers an unmatched treatment of Erie. By taking an unpretentious approach to civil procedure and using humor and historical names where appropriate, Glannon puts complex concepts within reach of the typical student. Also by Glannon: The Law of Torts: Examples & Explanations and don't forget Glannon's popular AUDIO PROGRAM: Fireside Civil Procedure: An Audio Companion Civil Procedure: Table of Contents Preface to Students Acknowledgements Special Notice PART ONE: CHOOSING A PROPER COURT 1. Personal Jurisdiction: The Enigma of Minimum Contacts 2. Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long-Arm 3. Seeking the Home Field Advantage: Challenges to Personal Jurisdiction 4. Diversity Jurisdiction: When Does Multiplicity Constitute Diversity? 5. Personal and Subject Matter Jurisdiction Compared: The First Two Rings 6. Second-Guessing the Plaintiff's Choice of Forum: Removal 7. Proper Venue in Federal Courts: A Rough Measure of Convenience 8. Choosing a Proper Court: The Three Rings Reconsidered PART TWO: STATE LAW IN FEDERAL COURTS 9. Easy Erie: The Law of Rome and Athens 10. Eerie Erie: The Substance/Substance Distinction 11. Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos PART THREE: THE SCOPE OF THE ACTION 12. Sculpting the Lawsuit: The Basic Rules of Joinder 13. Into the Labyrinth: Joinder of Parties under Rule 14 14. Jurisdictional Fellow Travelers: Supplemental Jurisdiction 15. Jurisdiction vs. Joinder: The Difference between Power and Permission PART FOUR: STEPS IN THE LITIGATION PROCESS 16. The Bearer of Bad Tidings: Service of Process in the Federal Courts 17. Getting Off Easy: The Motion to Dismiss 18. The Scope of Discovery: The Rules Giveth, And The Rules Taketh Away 19. Tools of the Trade: Basic Methods of Discovery 20. Defective Allegation or Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment 21. The Judge And The Jury, Part One: Judgment as a Matter of Law (Directed Verdict) 22. The Judge And The Jury, Part Two: Whose Case is This, Anyway? PART FIVE: THE EFFECT OF THE JUDGEMENT 23. Res Judicata: The Limits of Procedural Liberality 24. Res Judicata And The Rules of Joinder: When Does May Mean Must? 25. Collateral Estoppel: Fine-Tuning the Preclusion Doctrine 26. T

Table of Contents

Preface to Students	ix
Acknowledgments	xi
Special Notice	xiii
PART ONE: CHOOSING A PROPER COURT	1	(132)
Personal Jurisdiction: The Enigma of Minimum Contacts	3	(20)
Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long-Arm	23	(18)
Seeking the Home Field Advantage: Challenges to Personal Jurisdiction	41	(14)
Diversity Jurisdiction: When Does Multiplicity Constitute Diversity?	55	(18)
Personal and Subject Matter Jurisdiction Compared: The First Two Rings	73	(12)
Second-Guessing the Plaintiff's Choice of Forum: Removal	85	(16)
Proper Venue in Federal Courts: A Rough Measure of Convenience	101	(18)
Choosing a Proper Court: The Three Rings Reconsidered	119	(14)
PART TWO: STATE LAW IN FEDERAL COURTS	133	(70)
Easy Erie: The Law of Rome and Athens	135	(24)
Eerie Erie: The Substance/Substance Distinction	159	(24)
Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos	183	(20)
PART THREE: THE SCOPE OF THE ACTION	203	(62)
Sculpting the Lawsuit: The Basic Rules of Joinder	205	(16)
Into the Labyrinth: Joinder of Parties under Rule 14	221	(12)
Jurisdictional Fellow Travelers: Supplemental Jurisdiction	233	(22)
Jurisdiction vs. Joinder: The Difference between Power and Permission	255	(10)
PART FOUR: STEPS IN THE LITIGATION PROCESS	265	(160)
The Bearer of Bad Tidings: Service of Process in the Federal Courts	267	(20)
Getting Off Easy: The Motion to Dismiss	287	(14)
The Scope of Discovery: The Rules Giveth, and the Rules Taketh Away	301	(22)
Tools of the Trade: Basic Methods of Discovery	323	(42)
Defective Allegation or Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment	365	(20)
The Judge and the Jury, Part One: Judgment as a Matter of Law (Directed Verdict)	385	(20)
The Judge and the Jury, Part Two: Whose Case Is This, Anyway?	405	(20)
PART FIVE: THE EFFECT OF THE JUDGMENT	425	(68)
Res Judicata: The Limits of Procedural Liberality	427	(18)
Res Judicata and the Rules of Joinder: When Does May Mean Must?	445	(14)
Collateral Estoppel: Fine-Tuning the Preclusion Doctrine	459	(14)
The Obscure Kingdom: Nonmutual Collateral Estoppel	473	(20)
PART SIX: THINKING PROCEDURALLY: THE RULES IN ACTION	493	(112)
An Introduction to Pretrial Litigation: Setting the Stage for the Schulansky Case	495	(10)
First Moves: Schulansky Goes to Court	505	(20)
A Change of Forum: Ronan Removes to Federal Court	525	(10)
The Defendant's Perspective: Ronan's Answer and Counterclaim	535	(16)
Chain Reaction: Ronan Brings in Jones	551	(12)
Preliminary Objections: Jones Seeks a Way Out	563	(18)
A Tactical Dilemma: Ronan's Motion for Summary Judgment	581	(24)
Index	605