Litigating in America: Civil Procedure in Context

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Wolters Kluwer, Jan 1, 2006 - Law - 303 pages
Designed 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.
 

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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
Trials and Juries
239
Current Debates Regarding Juries and Trials
252
Preclusion Appeals
259
Appellate Review of Final Judgments
273
Motion Seeking Relief from Judgment
279
Finality and Justice
286
Epilogue
291
Index
297
Copyright

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