Understanding Civil Procedure

by Shreve, Gene R.; Raven-Hansen, Peter

• ISBN13: 9780820553689
• ISBN10: 0820553689
• Edition: 3rd
• Format: Paperback
• Copyright: 2001-12-01
• Publisher: Lexis Nexis Matthew Bender

Table of Contents

Preface to Third Edition	iii
Preface to Second Edition	v
Preface to First Edition	vii
Introduction
What is Civil Procedure?	1	(5)
Approaching the Subject	1	(1)
Substance and Procedure	2	(1)
Civil Procedure in the United States	3	(1)
Some Common Misperceptions of Civil Procedure	4	(2)
Sources of Civil Procedure	6	(4)
Briefing a Civil Procedure Case	10	(4)
Research and Drafting in Civil Procedure	14	(2)
Civil Procedure Bibliography and Short Form Citations	16	(1)
Selecting a Court---In General
The Choices: State and Federal Judicial Systems	17	(2)
Factors Influencing the Selection of a Court	19	(4)
A Court with Jurisdiction Over Persons and Things
Preliminary Observations	23	(5)
How and Why Problems of Territorial Jurisdiction Arise	23	(1)
Law Which Limits the Reach of Courts' Territorial Jurisdiction	24	(1)
State Courts	24	(1)
Federal Courts	25	(3)
PART A Received Traditions
Three Categories Of Territorial Jurisdiction	28	(2)
In Personam Jurisdiction	28	(1)
In Rem Jurisdiction	28	(1)
Quasi In Rem Jurisdiction	29	(1)
Traditionally Accepted Forms Of Personal Jurisdiction	30	(6)
Suit in the Defendant's Home State	30	(2)
Personal Jurisdiction Over Nonresidents Through Waiver or Express Consent	32	(1)
How Waiver Operates	32	(1)
Special and Limited Appearances	33	(1)
Preserving the Jurisdictional Challenge in the Face of an Initial Adverse Ruling	34	(1)
Jurisdiction By Consent	35	(1)
Transient Jurisdiction	36	(1)
Timing the Jurisdictional Challenge	36	(5)
Direct Attack	37	(1)
Collateral Attack	37	(2)
Considerations Influencing the Choice Between Direct and Collateral Attack	39	(1)
The Relative Advantages of Direct Attack	39	(1)
The Relative Advantages of Collateral Attack	40	(1)
PART B Personal Jurisdiction Over Nonresident Defendants --- Pennoyer and the Liberating Effects of International Shoe
Territorial Constraints On Personal Jurisdiction During the Pennoyer Era	41	(5)
Due Process Focussed on Forum State Boundaries	41	(2)
Restlessness Under Pennoyer	43	(3)
International Shoe and the Beginning Of The Modern Era	46	(8)
International Shoe Co. v. Washington	46	(1)
Due Process and the Reasonableness of Plaintiff's Forum Choice	46	(1)
The Advent of Minimum Contacts	47	(2)
Justifications for Shoe's Extension of Personal Jurisdiction	49	(2)
Jurisdictional Sufficiency Elaborated --- Two Significant Early Cases	51	(1)
McGee v. International Life Ins. Co.	51	(2)
Perkins v. Benguet Consolidated Mining Co.	53	(1)
Personal Jurisdiction's Green-light Period---Developments Until 1977	54	(7)
The Proliferation of State Long-Arm Statutes	55	(1)
Hanson v. Denckla --- The Court's Isolated Warning	56	(4)
Lower Courts Do (Or Do Not) Restrain Themselves	60	(1)
PART C Territorial Jurisdiction in the Modern Era
International Shoe Gives But Also Takes Away Jurisdiction --- Spread of the Minimum Contacts Standard	61	(9)
Minimum Contacts and the Decline of Quasi In Rem Jurisdiction --- Shaffer v. Heitner	62	(2)
Driving the Point Home --- Rush v. Savchuk	64	(1)
The Effect of Increased Due Process Requirements on Other Assertions of Territorial Jurisdiction	65	(1)
Old Forms of Territorial Jurisdiction Likely to Survive	65	(2)
The Triumph of Transient Jurisdiction --- Burnham v. Superior Court	67	(2)
Jurisdiction by Coerced Consent	69	(1)
Applications of Territorial Jurisdiction Exempt From the Minimum Contacts Test	69	(1)
A Closer Look at the Minimum Contacts Test --- When and How Contacts Count	70	(4)
The Function of Contacts and the Special Importance of Defendant's Contacts With the Forum	70	(2)
Specific and General Jurisdiction	72	(1)
The Fact-Sensitive Nature of Minimum Contacts Inquiries	73	(1)
Defendant's Forum Contacts Related to the Controversy (Specific Jurisdiction) --- Recent Developments	74	(6)
Jurisdiction in Cases Where Defendant Acts Elsewhere to Cause Harm in the Forum --- An Introduction to the Problem	74	(2)
Forum Injury Is Not Enough --- World-Wide Volkswagen v. Woodson	76	(2)
All of Defendant's Contacts Related to the Controversy Need Not Be With the Forum --- Burger King Corp. v. Rudzewicz	78	(2)
Defendant's Forum Contacts Unrelated to the Controversy (General Jurisdiction) --- Recent Developments	80	(3)
Helicopteros Nacionales de Colombia v. Hall	80	(1)
The Future of General Jurisdiction	81	(2)
Further Developments	83	(12)
Combining Defendant's Related and Unrelated Forum Contacts --- Keeton v. Hustler Magazine	83	(2)
When Minimum Contacts Are Not Enough --- Asahi Metal Industry Co. v. Superior Court	85	(3)
A Limited Role for Plaintiff's Forum Contacts --- Calder v. Jones	88	(2)
Jurisdiction in Cyberspace	90	(5)
Notice and Opportunity to be Heard
The Due Process Guaranty of Notice and the Opportunity to be Heard	95	(3)
Special Due Process Concerns Arising from Class Actions and Prejudgment Attachments	98	(3)
Class Actions	98	(1)
Prejudgment Attachments	98	(3)
Rules Regulating Service of Process	101	(6)
The Interplay of Constitutional Law and Rules or Statutes; Diversity of Local Approaches	101	(1)
The Federal Rule Model	102	(2)
Service Abroad; The Hague Convention	104	(3)
A Court with Jurisdiction Over the Subject
Introduction	107	(3)
Subject Matter Jurisdiction Generally	107	(2)
Subject Matter Jurisdiction of the Federal Courts	109	(1)
PART A Federal Question Jurisdiction
Constitutional Scope	110	(2)
Statutory Scope	112	(6)
The Pivotal Federal Element	112	(3)
The Well-Pleaded Complaint Rule	115	(3)
PART B Diversity Jurisdiction
In General	118	(4)
Rationale and the Modern Critique	118	(2)
Diversity Between Whom?	120	(1)
Further Limitations on Diversity Jurisdiction	121	(1)
Citizenship	122	(4)
Amount in Controversy	126	(5)
The ``Legal Certainty Test'' and the Single Claim	126	(3)
Aggregating Multiple Claims	129	(2)
PART C Removal and Supplemental Jurisdiction
Removal Jurisdiction	131	(4)
In General	131	(2)
Removal of Separate and Independent Claims	133	(2)
Overview of Supplemental Jurisdiction and Its Antecedents	135	(2)
Pendent Jurisdiction	137	(5)
Pendent Claim Jurisdiction	137	(3)
Pendent Party Jurisdiction	140	(2)
Ancillary Jurisdiction	142	(3)
Statutory Supplemental Jurisdiction	145	(10)
The Three-Part Test for Supplemental Jurisdiction	146	(1)
Qualifying Under Section 1367(a)	146	(2)
Disqualifying Under § 1367 (b)	148	(1)
Discretion Under § 1367(c)	148	(1)
Problems With Subsection 1367(b)	149	(1)
Overinclusiveness?	149	(1)
Underinclusiveness?	150	(2)
Solutions?	152	(3)
A Convenient Court
Traditional Bases for Venue	155	(5)
In General	155	(1)
Bases for Venue	156	(3)
Judge-Made Exceptions	159	(1)
Change of Venue	160	(4)
Dismissal and Forum Non Conveniens	160	(3)
Transfer of Venue	163	(1)
Proposals Regarding the Relationship of Personal Jurisdiction and Venue	164	(3)
Ascertaining the Applicable Law
Overview	167	(1)
The Evolution from Swift to Erie	167	(4)
Swift v. Tyson	167	(1)
The Controversial Reign of the Swift Doctrine	168	(1)
Erie R.R. Co. v. Tompkins	169	(2)
Tests for Applying Erie	171	(9)
The Substance-Versus-Procedure Test and Its Criticism in York	171	(1)
The Outcome-Determination Test	172	(1)
Byrd and the Assessment of State and Federal Interests	173	(1)
Hanna and the Modified Outcome-Determination Test	174	(1)
Later Erie Issues	175	(2)
Analytical Summary: Three Contemporary Tests Under the Erie Doctrine	177	(3)
State Law Versus the Federal Rules of Civil Procedure --- The Importance of the Rules Enabling Act	180	(6)
Early Uncertainty	180	(1)
Hanna, Walker and Woods: The Resilience of Federal Rules of Procedure	181	(3)
Modern Analysis	184	(1)
Matters ``Procedural'' Within the Meaning of the Rules Enabling Act	184	(1)
The Relationship Between the Rules Enabling Act and the Rules of Decision Act	185	(1)
Which State's Law?	186	(4)
The Conflict-of-Laws Problem	186	(1)
The Klaxon Rule	187	(1)
Klaxon and § 1404(a)	188	(2)
Ascertaining the Content of State Law	190	(4)
The Elusive Model of the Highest State Court	190	(1)
Data to Be Used in Forecasting State Law	191	(2)
How Much Freedom Do Federal Judges Have in Handling State Law?	193	(1)
Federal Common Law	194	(5)
Simple Pleading and Practice
Overview: The Functions and History of Pleading	199	(1)
Pre-Code Pleading and Practice	200	(4)
Common Law Issue Pleading and Practice	200	(3)
Equity Pleading and Practice	203	(1)
Code Fact Pleading and Procedure	204	(4)
In General	204	(1)
The Cause of Action and the Theory of the Pleadings	205	(2)
The Specificity of Fact Pleading Under the Codes	207	(1)
Modern Notice Pleading	208	(8)
The Specificity of Notice Pleading	208	(4)
Consistency and the Theory of the Pleadings in Modern Pleading	212	(1)
The Form of Notice Pleading	213	(1)
Special Pleading Rules in Modern Pleading	214	(2)
Candor and Care Requirements in Modern Pleading	216	(11)
Verification	216	(1)
Certification and Rule 11	216	(1)
Rule 11 in General	217	(3)
Evidentiary Support	220	(1)
Legal Support	221	(2)
Improper Purpose	223	(1)
Sanctions	224	(2)
Assessment	226	(1)
The Complaint	227	(3)
Statement of Jurisdiction	227	(1)
Statement of Claim and the Burden of Pleading	228	(1)
Demand for Relief	229	(1)
Challenging Pleadings: Motion Practice	230	(6)
Motion Practice in General	230	(2)
Bases for Motions	232	(1)
Defects of Form	232	(1)
Waivable Preliminary Defenses	233	(1)
Failure to State a Claim (or Defense), and Other Nonwaivable Defenses	234	(1)
Consequences of Challenging a Pleading	235	(1)
Successful Challenge	235	(1)
Unsuccessful Challenge	236	(1)
The Answer	236	(6)
Denials	236	(2)
Other Defenses	238	(1)
Preliminary, Nonwaivable and Affirmative Defenses	238	(2)
A Note on the Affirmative Defense of the Statute of Limitations	240	(2)
Claims by Way of Answer	242	(1)
The Reply and Other Pleadings	242	(1)
Amendment of Pleadings	243	(10)
Amendment Before Trial	243	(2)
Amendment During and After Trial	245	(1)
Conforming Amendment By Consent	245	(2)
Conforming Amendment Over Objection	247	(1)
The Objecting Party's Tactical Dilemma	247	(1)
Amendment and the Statute of Limitations	247	(1)
Relation Back of Amendments Amending Claims	247	(3)
Relation Back of Amendments Amending Parties	250	(2)
Responding to Amendment	252	(1)
A Concluding Note on Common Sense in Pleading	253	(2)
Complex Pleading and Practice
Overview	255	(3)
Definitions of Complex Litigation	255	(1)
Reasons for Complex Litigation	255	(1)
Judicial Efficiency	256	(1)
Avoiding Prejudice to a Party or Absentee	256	(1)
How the Federal Rules of Civil Procedure Facilitate Expansion of Claims and Parties	256	(2)
PART A Adding Claims Without Adding Parties
Claim Joinder	258	(1)
Compulsory and Permissive Counterclaims	259	(3)
Cross-Claims	262	(2)
PART B Adding Claims by Adding Parties
Permissive and Compulsory Joinder	264	(8)
Permissive Joinder	264	(2)
Compulsory Joinder	266	(1)
Necessary Parties Under Rule 19(a) --- When Must Joinable Persons Be Brought In?	266	(3)
Rule 19(a) --- When is Joinder of a Necessary Party Feasible?	269	(1)
Rule 19(b) --- When Are Persons Who Cannot Be Joined Indispensable?	270	(2)
Impleader	272	(4)
Interpleader	276	(3)
Intervention	279	(4)
Intervention of Right	279	(2)
Permissive Intervention	281	(1)
Comparing Intervention of Right and Permissive Intervention	282	(1)
Class Actions	283	(15)
Class Actions Under Rule 23	284	(1)
Prerequisites	284	(4)
Reconciling Judicial Economy and Public Law Enforcement in (b)(3) Class Actions	288	(1)
Class Actions in Federal and State Court	289	(1)
Comparative Availability of Federal and State Class Actions	289	(1)
Problems Small-Claim, Large-Class Actions Pose in Federal Court	290	(5)
Due Process Requirements Common to Federal and State Class Actions	295	(2)
Recent Developments in Complex Litigation --- Will the Importance of Class Actions Diminish?	297	(1)
Consolidating Cases --- Current Law and Possibilities for the Future	298	(5)
Current Law	298	(1)
Intradistrict Consolidation --- Rule 42(a)	298	(1)
Federal Multidistrict Litigation Under Section 1407	299	(1)
Possibilities for Sweeping Consolidation --- The Complex Litigation Proposals	300	(3)
Discovery
Overview	303	(3)
PART A Scope of Discovery
In General	306	(1)
The Fading Federal Presumption of Discoverability	306	(7)
Relevant to the Claim or Defense of Any Party	306	(3)
Reasonably Calculated to Lead to the Discovery of Admissible Evidence	309	(1)
Examples and Problem Areas	309	(1)
Information Already in the Discoverer's Possession	309	(1)
Impeachment Material	310	(1)
Opinions and Contentions	311	(1)
Insurance and Other Information About Financial Assets	311	(1)
Electronic Information	312	(1)
The Non-Discoverability of Privileged Matter	313	(1)
Work Product	314	(10)
Hickman v. Taylor and Work Product Immunity	315	(2)
Defining Work Product	317	(1)
Documents and Tangible Things	318	(1)
Prepared in Anticipation of Litigation or for Trial	319	(2)
By a Party or His Representative	321	(1)
Asserting the Qualified Immunity	321	(1)
Overcoming the Qualified Immunity	321	(1)
Witness Statements Requested by the Witness	321	(1)
Factual Work Product	322	(1)
Opinion Work Product	323	(1)
Experts	324	(3)
In General	324	(1)
Testifying Experts	325	(1)
Retained or Specially Employed Non-Testifying Experts	326	(1)
PART B Mechanics of Discovery
Required Disclosures and Other General Mechanics	327	(6)
Mandatory Discovery Conference and Discovery Plans	327	(1)
Required Disclosures	328	(1)
Initial Disclosures	328	(1)
Pretrial Disclosures	329	(1)
An Assessment of Required Disclosure	330	(2)
Supplementation of Discovery	332	(1)
Depositions	333	(4)
Procedure for Taking	333	(3)
Use and Value of Depositions	336	(1)
Interrogatories	337	(3)
Procedure for Asking	337	(2)
Use and Value of Interrogatories	339	(1)
Production and Entry Requests	340	(2)
Procedure for Making	340	(2)
Use and Value of Production and Entry Requests	342	(1)
Physical and Mental Examinations	342	(3)
Procedure for Taking	342	(3)
Use and Value of Physical and Mental Examinations	345	(1)
PART C Control of Discovery
The Abuse of Discovery	345	(2)
Front-End Controls: Preventing the Abuse of Discovery	347	(7)
Certification Requirements	348	(1)
Managerial Orders	349	(2)
Protective Orders Against Specific Hardship	351	(3)
Back-End Controls: Sanctions	354	(5)
The Predicate for Sanctions	354	(2)
The Nature and Incidence of Sanctions	356	(3)
Disposition Without Trial
Overview	359	(1)
Default	359	(3)
Default and Its Entry	360	(1)
Entry of Default Judgment	360	(2)
Summary Judgment	362	(20)
Purposes	362	(1)
Procedure	363	(1)
Initial Motion	363	(2)
Responses to the Motion	365	(3)
Disposition and Appeal	368	(1)
The Standard for Summary Judgment	369	(1)
In General	369	(4)
Relationship to Trial Burdens	373	(3)
Particular Issues: Credibility and State of Mind	376	(2)
Assessment	378	(4)
Dismissal or Nonsuit	382	(4)
Voluntary Dismissal or Nonsuit	382	(2)
Involuntary Dismissal or Compulsory Nonsuit	384	(2)
Alternative Dispute Resolution	386	(3)
Trial and Post-Trial Motions
Overview: The Trial Process	389	(6)
Setting the Case For Trial	389	(1)
Final Pretrial Conference	389	(1)
Jury Selection	390	(1)
Opening Statements	391	(1)
Presentation of Plaintiff's Case-in-Chief	391	(1)
Mid-Trial Motion for Directed Verdict, Involuntary Dismissal or Judgment as a Matter of Law	391	(1)
Presentation of Additional Evidence	392	(1)
Motions at the Close of All the Evidence	392	(1)
Closing Argument	392	(1)
Instructions to the Jury	393	(1)
Jury Deliberation and Verdict	393	(1)
Challenges to Verdict and the Entry of Judgment	393	(1)
Other Post-Trial Motions	394	(1)
PART A Narrowing Issues and Allocating Burdens
Requests for Admissions	395	(2)
Procedure for Requesting Admissions	395	(2)
Use and Value of Requests for Admissions	397	(1)
Pretrial Conference	397	(9)
Purposes	397	(1)
Managerial Purposes	398	(1)
Facilitating Settlement	398	(3)
Assessment	401	(1)
Procedures for Pretrial Conferences	401	(2)
The Pretrial Order and Its Effect	403	(3)
Burden of Proof	406	(6)
In General	406	(1)
The Burden of Production	407	(2)
The Burden of Persuasion	409	(1)
Presumptions	410	(2)
PART B Trial and Judgment
Overview	412	(1)
The Tactical Decision Whether to Demand a Jury Trial	412	(2)
Obtaining Jury Trial	414	(7)
The Right to Trial by Jury: The Federal Model	414	(6)
Claiming a Jury Trial	420	(1)
Judge-Jury Interaction; Verdicts	421	(5)
Allocating Issues Between Judge and Jury --- An Overview	421	(1)
Evidentiary Controls	422	(1)
Instructing the Jury	423	(2)
Verdicts	425	(1)
Taking the Case From the Jury: Motions for Judgment as a Matter of Law and for New Trial	426	(14)
Directed Verdicts and Judgments N.O.V. Rephrased as Judgments as a Matter of Law	426	(1)
The Theoretical Justification for Court Intervention in Jury Cases	427	(1)
The Legal Standard Governing Directed Verdicts and Judgments N.O.V.	428	(1)
New Trial Motions	429	(1)
In General	429	(1)
Evaluative Errors: Verdicts That Are Excessive, Inadequate, Or Otherwise Against the Weight of the Evidence	429	(3)
Process Errors	432	(1)
The Interplay of Directed Verdicts and Judgments N.O.V. With Other Procedural Law	433	(1)
The Consistency of Directed Verdicts and Judgments N.O.V. With the Right to Jury Trial	433	(2)
How Directed Verdicts and Judgments N.O.V. Complement Each Other	435	(1)
The Relationship of Directed Verdicts and Motions for Judgments N.O.V. to Motions for Deciding Cases in Lieu of Trial	436	(2)
The Interrelationship of Post-Trial Motion Practice and Dispositions on Appeal	438	(2)
Bench Trials (Non-jury Cases)	440	(2)
Judgments	442	(3)
The Nature and Force of Judgments	442	(1)
Resisting Judgments	442	(1)
Collateral Attack	443	(1)
Extraordinary Relief	443	(1)
Amendment	444	(1)
Appeal
PART C
Overview	445	(1)
PART A When? Appealability
Appealability In General	446	(1)
Final Judgment Rule	447	(4)
In General	447	(2)
Finality in Multi-Claim and Multi-Party Cases	449	(2)
Statutory Interlocutory Appeal	451	(5)
Statutory Interlocutory Appeal As of Right	451	(2)
Statutory Interlocutory Appeal By Permission	453	(1)
Extraordinary Statutory Review: Mandamus and Prohibition	454	(2)
Judge-Made Exceptions to the Final Judgment Rule	456	(4)
Collateral Order Doctrine	456	(3)
Other Judge-Made Exceptions	459	(1)
PART B Where and How? Perfecting Appeal
Appellate Systems	460	(1)
Procedural Steps in Perfecting Appeal	461	(2)
PART C What and How Much? The Scope and Intensity of Review
Scope of Review --- Reviewability	463	(5)
Prejudicial Effect	463	(2)
Preservation Below	465	(2)
Presentation Above	467	(1)
Intensity of Review	468	(11)
In General	468	(3)
The Principal Federal Standards of Review	471	(1)
De Novo --- Questions of Law	471	(2)
Clearly Erroneous --- Findings by the Court	473	(2)
Reasonableness --- Findings by the Jury and Some Administrative Agencies	475	(1)
Abuse of Discretion --- Discretionary Orders	475	(1)
No Review --- Selective Findings by Administrative Agencies	476	(3)
Remedies
Damages; Scope of Monetary Recovery	479	(3)
Compensatory, Punitive, and Nominal Damages	479	(2)
Added Elements in Financial Awards --- Costs, Expenses, and Attorney's Fees	481	(1)
Enforcing Money Judgments	482	(1)
Equitable Relief; Injunctions	482	(4)
The Shape of Equitable Discretion	483	(1)
Procedure for Obtaining and Enforcing Injunctions	484	(2)
Declaratory Relief	486	(3)
Nature of Declaratory Relief	486	(1)
The Federal Model	486	(3)
Respect for Final Judgments
Overview	489	(4)
Policies That Define and Limit Preclusion	489	(1)
Contemporary Developments	490	(1)
The Restatement (Second) of Judgments	490	(1)
Changes in Res Judicata Terminology	490	(1)
The Trend of Increased Preclusion	491	(1)
Litigation Perspectives --- Offensive and Defensive Preclusion	492	(1)
Preclusion Essentials	492	(1)
Claim Preclusion	492	(1)
Issue Preclusion	492	(1)
PART A Claim Preclusion
Preclusion When Original And Successive Claims (or Defenses) Are Identical; Dynamics of Judgment Enforcement	493	(2)
Preclusion When Original and Successive Claims (or Defenses) Are Not Identical	495	(8)
How and Why Non-identical Claims are Precluded	495	(1)
The Emergence of § 24 of the Restatement (Second) of Judgments	496	(2)
Defendant's Preclusion and Preclusion By Rule	498	(2)
Variations from the Norm --- Theories of Lesser and Greater Claim Preclusion	500	(1)
Lesser Preclusion --- Claim-Splitting in Accident Cases	500	(1)
Greater Preclusion --- Claim Preclusion Unlimited by the Nature of the Claim Presented in the First Case, Or by Concerns of Foreseeability	501	(2)
The Identity-of-Parties Requirement	503	(2)
The Relation Between the Identity-of-Parties Requirement and Limitation of Claim Preclusion to the Same Claim	503	(1)
The Claim-Preclusive Effect of Judgments Upon Those in Close Relation to Parties	504	(1)
The Judgment Must Be Final and On the Merits	505	(1)
PART B Issue Preclusion
Issue and Claim Preclusion Compared	506	(2)
How Issue Preclusion Supplements Claim Preclusion	506	(1)
How Guarantees of Procedural Fairness Limit Each Doctrine	507	(1)
The Same Issue Must Have Been Litigated, Determined and Necessary to the Judgment in the Prior Case	508	(5)
The Identity-of-Issues Requirement	508	(1)
The Issue Must Have Been Litigated and Determined in the Prior Case	509	(1)
Determination of the Issue Must Have Been Necessary to Judgment	510	(1)
The Function and Purpose of the Rule	510	(1)
Alternative Determinations	511	(2)
Application of Issue Preclusion Must Be Fair in the Given Case	513	(1)
Who Can Bind and Be Bound by Issue Preclusion?	513	(6)
The General Rule Against Binding Those Who Were Strangers to the Prior Adjudication	513	(2)
When Strangers to the Prior Adjudication May Bind Those Who Were Parties	515	(1)
The Decline of the Mutuality Doctrine	515	(1)
Limits on Courts' Discretion to Invoke Nonmutual Issue Preclusion	516	(3)
PART C Inter-System Preclusion
Intramural and Inter-System Preclusion Compared	519	(1)
The Federal Full Faith and Credit Obligation that Judgments be Given as Much Effect as They Would Have Where Rendered	520	(5)
Preserving the Preclusive Effect of State Judgments in Sister-State Courts	521	(1)
Preserving the Preclusive Effect of State Judgments in Federal Court	522	(2)
Preserving the Preclusive Effect of Federal Judgments in Other Federal Courts	524	(1)
Preserving the Preclusive Effect of Federal Judgments in State Courts	525	(1)
Are Other Courts Free to Give Judgments More Effect Than They Would Have Where Rendered?	525	(3)
May Federal Courts Give Greater Effect to State Judgments?	526	(1)
May State Courts Give Greater Effect to Sister-State Judgments?	527	(1)
Why the Greater-Preclusion Issue Will Rarely Arise Concerning Federal Judgments	527	(1)
The Special Problem of Foreign-Country Judgments in State and Federal Courts	528	(2)
PART D Beyond Preclusion: Additional Doctrines of Repose
Stare Decisis	530	(4)
The Nature of the Doctrine	530	(1)
The Scope of Stare Decisis	531	(1)
Boundaries Set by Legal Analysis	531	(1)
Boundaries Set by Judicial Structure	532	(2)
Law of the Case	534	(1)
Inconsistent Factual Positions --- Judicial Estoppel	535
Table of Cases	1	(1)
Table of Authorities	1	(1)
Table of Statutes and Rules	1	(1)
Index	1