Civil Procedure: Examples And Explanations

by Glannon, Joseph W.

• ISBN13: 9780735555563
• ISBN10: 0735555567
• Edition: 5th
• Format: Paperback
• Copyright: 2006-01-01
• Publisher: Aspen Pub

Summary

Recommended by both students and professors, this best-selling paperback study aid is a lifeline for first year students taking a Civil Procedure course. Author Joseph Glannon brings his lively and entertaining style to this new Fifth Edition, along with a wealth of new material. This comprehensive yet hands-on study aid: Covers all aspects of the first year Civil Procedure course including the difficult areas of res judicata, collateral estoppel, and personal and subject matter jurisdiction Presents accessible introductions and explanations Offers a proven pedagogy in the popular examples-and-explanations format highly effective for learning and applying the Federal Rules of Civil Procedure Gives examples that progress gradually from simple to challenging and build students' confidence Has plenty of visual aids including diagrams, charts, and documents Covers Erie doctrine in a three-chapter section What's new in the Fifth Edition? the latest revisions To The Federal Rules of Civil Procedure A new chapter on the federal question of subject matter jurisdiction Updated changes To The Rules concerning Discovery

Table of Contents

Preface	xiii
Acknowledgments	xv
Special Notice	xvii
PART ONE: CHOOSING A PROPER COURT	1	(162)
Personal Jurisdiction: The Enigma of Minimum Contacts	3	(20)
Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long-Arm	23	(20)
Seeking the Home Field Advantage: Challenges to Personal Jurisdiction	43	(16)
Federal Questions and Federal Cases: Jurisdiction over Cases ``Arising under'' Federal Law	59	(26)
Diversity Jurisdiction: When Does Multiplicity Constitute Diversity?	85	(18)
Personal and Subject Matter Jurisdiction Compared: The First Two Rings	103	(12)
Second Guessing the Plaintiff's Choice of Forum: Removal	115	(16)
Proper Venue in Federal Courts: A Rough Measure of Convenience	131	(18)
Choosing a Proper Court: The Three Rings Reconsidered	149	(14)
PART TWO: STATE LAW IN FEDERAL COURTS	163	(70)
Easy Erie: The Law of Rome and Athens	165	(22)
Eerie Erie: The Substance/Substance Distinction	187	(26)
Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos	213	(20)
PART THREE: THE SCOPE OF THE ACTION	233	(66)
Sculpting the Lawsuit: The Basic Rules of Joinder	235	(18)
Into the Labyrinth: Joinder of Parties under Rule 14	253	(12)
Jurisdictional Fellow Travelers: Supplemental Jurisdiction	265	(22)
Jurisdiction vs. Joinder: The Difference between Power and Permission	287	(12)
PART FOUR: STEPS IN THE LITIGATION PROCESS	299	(186)
The Bearer of Bad Tidings: Service of Process in the Federal Courts	301	(20)
Getting Off Easy: The Motion to Dismiss	321	(16)
When Justice so Requires: Amendments to Pleadings under the Federal Rules	337	(24)
The Scope of Discovery: The Rules Giveth, and the Rules Taketh Away	361	(26)
Tools of the Trade: The Basic Methods of Discovery	387	(36)
Defective Allegation or Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment	423	(20)
The Judge and the Jury, Part One: Judgment as a Matter of Law (Directed Verdict)	443	(20)
The Judge and the Jury, Part Two: Whose Case Is This, Anyway?	463	(22)
PART FIVE: THE EFFECT OF THE JUDGMENT	485	(72)
Res Judicata: The Limits of Procedural Liberality	487	(20)
Res Judicata and the Rules of Joinder: When Does May Mean Must?	507	(14)
Collateral Estoppel: Fine-Tuning the Preclusion Doctrine	521	(18)
The Obscure Kingdom: Nonmutual Collateral Estoppel	539	(18)
PART SIX: THINKING PROCEDURALLY: THE RULES IN ACTION	557	(110)
An Introduction to the Pretrial Litigation Process: Setting the Stage for the Schulansky Case	559	(10)
First Moves: Schulansky Goes to Court	569	(20)
A Change of Forum: Ronan Removes to Federal Court	589	(10)
The Defendants' Perspective: Ronan's Answer and Counterclaim	599	(16)
Chain Reaction: Ronan Brings in Jones	615	(12)
Preliminary Objections: Jones Seeks a Way Out	627	(18)
A Tactical Dilemma: Ronan's Motion for Summary Judgment	645	(22)
Index	667