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9780735528253

The Power of Procedure

by
  • ISBN13:

    9780735528253

  • ISBN10:

    073552825X

  • Format: Paperback
  • Copyright: 2002-04-24
  • Publisher: Aspen Publishing

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Supplemental Materials

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Summary

How do you show your students the dynamic application of Civil Procedure in litigation? This new paperback reference supplies the perfect vehicle, using actual litigation documents from the Jones v. Clinton case to demonstrate the Power of Procedure. The author skillfully utilizes engrossing documents to illustrate key concepts: the text offers a holistic view of the federal litigation process by tracking the major points of procedural law through edited and annotated pleadings, motions, and other documents from Jones v. Clinton, with notes and commentary includes complaint, answer, Rule 12(c) motion, extensive discovery documents, summary judgment motion (with a comparison to Rule 12(c), and amendment materials, As well as other documents students see for themselves the sophistication of procedural issues as the case evolves. for effective teaching and learning, The text offers: a brief introduction to each chapter to put the stage of litigation covered in that chapter in context text boxes within doucments to raise questions or point out noteworthy aspects and procedural points notes and comments at the end of each chapter, with hypotheticals, To build on the material covered.

Table of Contents

Preface xv
Acknowledgments xvii
The Complaint
1(20)
Introduction
1(2)
Case Planning
3(14)
Exercise 1 Interviewing
4(3)
[Jone's] Complaint
7(10)
Notes and Comments
17(4)
Exercise 2 Ramifications of Pleading Decisions
18(3)
Motions Testing the Complaint
21(16)
Introduction
21(8)
Memorandum in Support of President Clinton's Motion for Judgment on the Pleadings and Dismissal of the Complaint
22(2)
Plaintiff's Memorandum in Opposition to the Motion of Defendant William Jefferson Clinton for Judgment on the Pleadings
24(5)
Judge Wright's Decision
29(1)
Jones v. Clinton, 974 F. Supp. 712 (E. D. Ark. 1997)
29(5)
Notes and Comments
34(3)
Analysis Chart
36(1)
Pre-Answer Motions
37(14)
Introduction
37(5)
President Clinton's Motion to Set Briefing Schedule
39(1)
Memorandum in Support of President Clinton's Motion to Set Briefing Schedule
39(1)
Plaintiff's Memorandum in Opposition to the Motion of Defendant Clinton to Set Briefing Schedule
40(2)
Resolution of the Issue
42(1)
Oral Argument of Robert S. Bennett on Behalf of the Petitioner [before the U. S. Supreme Court]
43(1)
Oral Argument of Gilbert K. Davis on Behalf of the Respondent
44(2)
Notes and Comments
46(2)
Other Pre-Answer Motions
48(3)
Exercise 3 Motion to Recuse Judge
49(2)
The Answer
51(12)
Answer of President William Jefferson Clinton
51(8)
Notes and Comments
59(4)
Exercise 4 Affirmative Defenses
60(2)
Complaint and Answer Comparison
62(1)
Amendments
63(12)
Introduction
63(3)
Plaintiff's Motion for Leave to File First Amended Complaint and Brief Thereon
64(2)
Excerpts of First Amended Complaint
66(4)
Opposition to Plaintiff's Motion to Amend the Complaint
68(2)
Order Granting Motion for Leave to Amend
70(2)
Notes and Comments
72(3)
Exercise 5 Revising the Theory of the Case
72(1)
Exercise 6 Analyzing an Opposition to Amendment
72(3)
Discovery: Devices and Defenses
75(26)
Introduction
75(3)
Exercise 7 Formulating a Discovery Plan
78(1)
Devices
78(1)
Interrogatories
78(2)
Plaintiff's Reponses and Objections to the First Set of Interrogatories of Defendant William Jefferson Clinton
79(1)
Notes and Comments
80(2)
Second Set of Interrogatories from Plaintiff to Defendant Clinton
81(1)
Notes and Comments
82(1)
Exercise 8 Drafting Interrogatories
83(1)
Requests for Production of Documents and Things
83(2)
First Set of Requests from Plaintiff to Defendant Clinton for Production of Documents and Things
83(2)
Notes and Comments
85(1)
Requests for Admissions
86(3)
First Set of Requests from Plaintiff to Defendant Clinton for Admissions
86(3)
Notes and Comments
89(1)
Depositions
89(1)
Order of January 9, 1998
90(1)
Deposition of Paula Jones
91(1)
Notes and Comments
92(1)
Defenses: Privilege, Work Product, and Undue Burden
93(5)
President Clinton's Opposition to Motions for Protective Order Regarding Subpoena to Cindy Hays
95(1)
Reply of Cindy Hays to President Clinton's Opposition to Motions for Protective Order Regarding Subpoena to Cindy Hays
96(2)
President Clinton's Opposition to Motions of Paula Jones and Paula Jones Legal Fund for Protective Order
98(1)
Order of November 25, 1997
98(1)
Order of December 4, 1997
99(1)
Notes and Comments
99(2)
Exercise 9 Analysis of Work Product Doctrine
100(1)
Discovery: Relevance and Privacy
101(22)
Introduction
101(1)
Relevance and Privacy Issues as to Parties
102(7)
President Clinton's Motion for Protective Order
102(1)
Memorandum in Support of President Clinton's Motion for a Protective Order
103(2)
Plaintiff's Memorandum in Opposition to the Motion of Defendant Clinton to Limit Discovery
105(3)
President Clinton's Opposition to Plaintiff's Motion to compel Responses to Plaintiff's Second Set of Interrogatories
108(1)
Order of December 11, 1997
109(1)
Notes and Comments
110(2)
Exercise 10 Balancing Privacy and the Scope of Discovery
112(1)
Privacy of Nonparty Witnesses
112(2)
Affidavit of Jane Doe #6
113(1)
Order of January 9, 1998
114(2)
Notes and Comments
116(1)
Exercise 11 The Role of Public Policy Concerns
117(1)
Discovery versus the First Amendment
117(4)
President Clinton's Opposition to Motions for Protective Order Regarding Subpoena to Cindy Hays
118(1)
Reply of Cindy Hays to President Clinton's Opposition to Motions for Protective Order Regarding Subpoena to Cindy Hays
119(2)
Order of November 25, 1997
121(1)
Notes and Comments
121(2)
Discovery: Sanctions
123(14)
Introduction
123(2)
Excerpts of Deposition Testimony of President Clinton
125(3)
Orders Imposing Sanctions
128(1)
Jones v. Clinton, 36 F. Supp. 2d 1118 (E. D. Ark. 1999)
128(2)
Jones v. Clinton, 57 F. Supp. 2d 719 (E. D. Ark. 1999)
130(2)
Suspension of Law License
132(1)
Agreed Order of Discipline
132(1)
Notes and Comments
133(4)
Exercise 12 Rule 37 Sanctions
134(1)
Exercise 13 Comparing Rule 37 Sanctions with Rule 11 Sanctions
135(2)
Joinder and Intervention
137(10)
Introduction
137(1)
Joinder
137(2)
Exercise 14 Variations on Joinder
138(1)
Rule 20 Joinder
138(1)
Rule 19 (Necessary Parties) and Rule 14 (Impleader)
138(1)
Rule 24 (Intervention)
138(1)
Rule 23 (Class Actions)
139(1)
Intervention
139(1)
Limited Purpose Intervention---A Case Study
139(2)
Confidentiality Order on Consent of All Parties
141(3)
Motion for Leave to Intervene, Motion to Modify and/or Rescind Confidentiality Order, and Motion for Access to Court Records and Discovery
142(2)
Order of March 9, 1998
144(1)
Notes and Comments
145(2)
Summary Judgment
147(22)
Introduction
147(11)
Memorandum in Support of President Clinton's Motion for Summary Judgment
147(7)
Plaintiff's Memorandum in Opposition to Motion for Summary Judgment
154(4)
Judge Wright's Ruling
158(1)
Jones v. Clinton, 990 F. Supp. 657 (E. D. Ark. 1998)
158(6)
Notes and Comments
164(5)
Exercise 15 Celotex and Summary Judgment
165(4)
Settlement and Default
169(6)
Introduction
169(1)
Text of Settlement
170(1)
Notes and Comments
171(4)
Appeal
175(8)
Introduction
175(1)
Order of January 29, 1998
176(4)
Plaintiff's Memorandum in Support of Motion for Section 1292(b) Certification
177(2)
President Clinton's Opposition to Plaintiff's Motion for Section 1292(b) Certification
179(1)
Notes and Comments
180(3)
Exercise 16 Interlocutory Appeal of a Discovery Order
181(2)
Appendix One: Articles of Impeachment 183(4)
Appendix Two: Jones v. Clinton Chronology 187(4)
Appendix Three: Standard Forms 191(6)
Civil Cover Sheet
193(1)
Waiver of Service of Summons
194(1)
Subpoena in a Civil Case
195(2)
Notes on Sources 197(4)
Index 201

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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