Litigating in America: Civil Procedure in ContextDesigned to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook. |
Contents
DISTRUST | 7 |
The Emerging Role of the Judiciary | 14 |
The Adversary System and the Legal Profession | 21 |
Legal Training and Practice | 29 |
Role of Civil Litigation in America | 37 |
The Historical Background of American Civil | 43 |
The Federal Rules of Civil Procedure and Procedural Issues | 54 |
An American Civil Litigation from Beginning to End | 59 |
Dispositive Motions | 155 |
Judgment on the Pleadings | 165 |
Directed Verdict | 174 |
Joinder and Class Actions | 181 |
Before the Federal Rules | 193 |
Ups and Downs | 205 |
Public Adjudication Private Resolution and | 213 |
Settlement and Pretrial Conference | 220 |
CHAPTER 5 | 71 |
Due Process Notice and Service of Process | 81 |
Venue | 94 |
Burdens of Proof | 103 |
The Defendants Response | 112 |
Why Does America Stand Apart in Its Pleading Requirements? | 121 |
Discovery and Judicial Case Management | 129 |
Types of Discovery Methods | 138 |
Amendments to Contain Discovery | 148 |
Other editions - View all
Litigating in America: Civil Procedure in Context Stephen N. Subrin,Margaret Y.K. Woo Limited preview - 2015 |
Common terms and phrases
adversary amendments American answer appeal apply arbitration authority bring brought burden called cause of action Chapter Cherryum citizens civil litigation civil procedure claim class action clients common law complaint Constitution corporations countries decide decision defendant directed discovery district courts due process enforcement evidence example fact federal court Federal Rules filed final formal give granted hear important increased individual initial interest involving issue join joinder judges judicial jurisdiction jurors jury Justice later lawsuit lawyers legal system less limited Massachusetts matter means mediation methods motion parties percent permit plaintiff pleading practice preclusion present protection question reasonable Reform representative requirement resolution result role serve settlement statute substantive suit summary judgment Supreme Court tort trial United usually verdict witnesses