Civil Procedure, a Modern Approach

Author: Richard Marcus,Martin Redish,Edward Sherman,James Pfander

Publisher: West Academic Publishing

ISBN: 9781640201859

Category:

Page: 1370

View: 8807

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Since it first appeared, this casebook has sought to capture the evolving challenges of civil procedure in a way that engages students and fosters critical judgment on the underlying policy issues. The authors have closely monitored the evolution of procedure over this time, and adapted the basic structure of the book to take account of those changes. That evolution remains central to the seventh edition. The new edition retains the basic structure of the book, and a great deal of the existing superstructure of principal cases. It adds substantially revised text and note material to present contemporary issues in the context of those cases or new principal cases. The discovery chapter, for example, is infused with coverage of the 2015 rule amendments that have received so much attention. The personal jurisdiction chapter integrates the many recent Supreme Court decisions into the existing framework, conveying the developments that have occurred since the last edition appeared in 2013. The new edition also offers new principal cases to examine and illustrate a number of issues. A new Rule 19 case on required parties presents the contemporary issues in a setting likely to be interesting to many students. A new Internet jurisdiction case involves online payday lending, an example of the fast-moving world of Internet-based commerce. A recent supplemental jurisdiction case enables students to work through the application of § 1367 in a setting that also involves appreciation of various joinder concepts. A new class-action case presents the challenges of consumer class actions. New Supreme Court and other principal cases address issues of subject matter jurisdiction and appellate jurisdiction. As reflects contemporary litigation, intellectual property cases are more prominent than in previous editions.

Civil Procedure

A Modern Approach

Author: Richard L. Marcus,Martin H. Redish,Edward F. Sherman,James E. Pfander

Publisher: West Academic Publishing

ISBN: 9780314278999

Category: Law

Page: 1332

View: 7768

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This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595094. Learn more at CasebookPlus.com. The sixth edition of this successful casebook continues the authors' commitment to providing professors and their students with the tools to address both foundational questions and cutting edge procedural issues in a practical way that is attuned to today's legal practice. It contains an expanded treatment of the increasingly important topic of pleading practice, and additional emphasis on electronic discovery issues. It also offers carefully edited versions of recent Supreme Court cases like Ashcroft v. Iqbal and J. McIntyre Machinery, Ltd. v. Nicastro, along with textual and note material to identify and highlight the critical issues. The class-action section contains presentations on Wal- Mart v. Dukes and the key issues raised by the Court's decisions on class-action waivers in arbitration clauses that are appropriate for first-year students. Throughout, the material has been updated and revised to focus on the critical issues of 21st century practice. As with prior editions, the authors will provide a thorough Teachers' Manual, which they will supplement with annual Teachers' Updates to keep teachers entirely up-to-date.

Civil Procedure

Author: Richard L. Marcus,Thomas D. Rowe

Publisher: Gilberts Law Summaries

ISBN: 9780159005040

Category: Law

Page: 564

View: 3366

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The topics discussed in this law school study outline include territorial (personal) jurisdiction (including venue and forum non conveniens), subject matter jurisdiction (covering diversity jurisdiction, federal question jurisdiction, and supplemental jurisdiction). Explains the Erie doctrine and federal common law, pleadings (including counterclaims, cross-claims, supplemental pleadings), parties (including joinder and class actions). Coverage also includes discovery (including devices, scope, sanctions and discovery conferences), summary judgment, pretrial conference and settlements, trial (including right to jury trial, motions, jury instruction and arguments, and post-verdict motions), appeals, claim preclusion (res judicata) and issue preclusion (collateral estoppel).

Civil Procedure

A Contemporary Approach, Revised

Author: A. Spencer

Publisher: West Academic Publishing

ISBN: 9781634592727

Category:

Page: N.A

View: 7936

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The Revised 4th Edition of Civil Procedure: A Contemporary Approach is updated with references to the impending 2015 amendments to the Federal Rules of Civil Procedure, as well as case law developments since the 2014 publication date of the Fourth Edition. Major recent case law developments included in this revised edition consist of decisions from the Supreme Court addressing personal jurisdiction (Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011), J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), and Daimler AG v. Bauman, 134 S. Ct. 746 (2014)), federal question jurisdiction (Gunn v. Minton, 133 S. Ct. 1059 (2013)), removal of class actions (Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013)), change of venue and forum-selection clauses (Atl. Marine Constr. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas, 134 S. Ct. 568 (2013) [now a principal case]), class certification (Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), Amgen Inc. v. Conn. Ret. Plans & Trust Funds, 133 S. Ct. 1184 (2013)), class arbitration waivers (AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013)), and offers of judgment (Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)). Regarding the impending 2015 amendments to the Federal Rules of Civil Procedure, this revised edition makes reference to them in the text where appropriate. The changes include the "Duke Rules" package, which alters Rules 1, 4, 16, 26, 30, 31, 33 and 34 to make proportionality a main component of the scope of discovery, to eliminate access to subject matter discovery, require early discussions regarding preservation and privilege protection, permit early document requests, and shorten the time permitted to issue scheduling orders and to achieve service of process. The amendment to Rule 37 codifies an approach to preservation and spoliation that favors curative measures unless there is intentional spoliation, in which case more severe sanctions such as adverse inference instructions or dismissal become available. This edition also fully incorporates recent amendments to the Federal Rules of Civil Procedure and to Title 28 of the U.S. Code, including the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the 2013 amendment to Rule 45 (subpoenas). Finally, the Revised Fourth Edition integrates references to online assessment tools in the Casebook Plus platform. These consist of a bank of 200 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned.

Developing Professional Skills

Civil Procedure

Author: Paula Schaefer

Publisher: West Academic Publishing

ISBN: 9780314279538

Category: Law

Page: 97

View: 5846

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The Civil Procedure book in our Developing Professional Skills series -- used as a supplement to your regular text book -- makes it easy to integrate skills training into the civil procedure classroom. The book contains ten exercises designed to develop practice skills of legal drafting, client interviewing and counseling, negotiation, and advocacy. Students spend a manageable one to two hours on tasks including: interviewing a client and then drafting a short complaint; preparing an outline of key arguments supporting a motion to dismiss; negotiating the "clawback" of an inadvertently disclosed document; and drafting a statement of undisputed facts to support a summary judgment motion. Realistic pleadings, discovery, and other documents from the case file are included throughout the book. A comprehensive Teacher's Manual provides guidance and suggestions for expanding the classroom discussion to include professional responsibility concepts and the norms of modern legal practice.

Federal Civil Rules Supplement

2017-2018

Author: A. Benjamin Spencer

Publisher: West Academic Publishing

ISBN: 9781683287575

Category: Civil procedure

Page: 417

View: 9427

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Receive complimentary lifetime digital access to the eBook with new print purchase. This supplement provides a compact and concise compendium of all of the Federal Rules of Civil Procedure currently in effect including all amendments that have taken effect through December 2016 (no amendments are scheduled to take effect in 2017). It also includes the U.S. Constitution and key provisions of Title 28 of the United States Code. The book's small size and text that is limited to the body of rules and statutes make it a convenient resource for students in civil procedure and complex litigation courses who need quick and easy access to relevant statutory provisions during class or for their studies or exams.

The Modern Law of Contracts

Author: Bruce W. Frier,James J. White

Publisher: West Academic

ISBN: 9780314265463

Category: Law

Page: 807

View: 8025

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This contracts casebook includes introductions that quickly orient students within unfamiliar territories. Cases present both the doctrine applied and, in some instances, the shortcomings of that doctrine. The authors express their disagreement about basic issues, so that students can experience the range of possible in modern contract law. To save time, the authors avoid extensive citation of academic scholarship except as it pertains to the cases being studied. Certain traditional subjects¬ such as offer and acceptance and consideration¬ are reduced to a minimum, while more contemporary subjects¬ such as form contracts and the modern concept of unconscionability¬ are considered at length, as is arbitration and the Supreme Court's historic decision in AT and T Mobility v. Concepcion.

Federal Rules of Civil Procedure

Author: A. Spencer

Publisher: West Academic Publishing

ISBN: 9781634607445

Category:

Page: N.A

View: 589

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This edition is an affordable, all-purpose resource designed to support any classroom text. It provides all new rules and amendments and up-to-date versions of the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, Rules of Procedure of the Judicial Panel on Multidistrict Litigation, habeas corpus rules, Rules of the Supreme Court of the United States, Federal Rules of Evidence, the U.S. Constitution, and proposed rule amendments. Pending rule amendments are presented through interlineation, permitting users to see the pending amendments as a markup to the text of the current rules.

Materials for a Basic Course in Civil Procedure

Author: Kevin Clermont

Publisher: Foundation Press

ISBN: 9781634593090

Category:

Page: 1014

View: 6478

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This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The twelfth edition has been thoroughly updated. It covers major new cases on general and specific personal jurisdiction and on pleading, and it introduces new materials on the res judicata effect of statute-of-limitations dismissals. It also fully incorporates the new amendments to the Federal Rules of Civil Procedure, which affect such important topics as discovery.

Criminal Law

Cases and Materials

Author: John Kaplan,Robert Weisberg,Guyora Binder

Publisher: Wolters Kluwer Law & Business

ISBN: 1454881704

Category: Law

Page: 1115

View: 5047

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Criminal Law: Cases and Materials, Eighth Edition is written by a well-respected authorship team that provides comprehensive examination of criminal law under both the Model Penal Code and common law. Interspersed with thoughtful excerpts that provide social, political, and criminological background the black letter law, this casebook focuses on an interdisciplinary approach that provides a useful starting point for classroom discussion. The eighth edition has been updated to provide coverage of recent changes in the law, especially in the areas of sentencing and the Eighth Amendment, and includes notes and questions, making the book more useful for exam preparation. Features: Improvements in the Teacher’s Manual designed to make casebook accessible and useful for new professors Updated to provide coverage of recent changes in the law, especially in the areas of sentencing and the Eighth Amendment Updated notes and questions making book more useful for exam preparation

Civil Procedure, a Modern Approach - CasebookPlus

Author: Richard Marcus,Martin Redish,Edward Sherman,James Pfander

Publisher: West Academic Publishing

ISBN: 9781640205109

Category:

Page: 1370

View: 8666

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Since it first appeared, this casebook has sought to capture the evolving challenges of civil procedure in a way that engages students and fosters critical judgment on the underlying policy issues. The authors have closely monitored the evolution of procedure over this time, and adapted the basic structure of the book to take account of those changes. That evolution remains central to the seventh edition. The new edition retains the basic structure of the book, and a great deal of the existing superstructure of principal cases. It adds substantially revised text and note material to present contemporary issues in the context of those cases or new principal cases. The discovery chapter, for example, is infused with coverage of the 2015 rule amendments that have received so much attention. The personal jurisdiction chapter integrates the many recent Supreme Court decisions into the existing framework, conveying the developments that have occurred since the last edition appeared in 2013. The new edition also offers new principal cases to examine and illustrate a number of issues. A new Rule 19 case on required parties presents the contemporary issues in a setting likely to be interesting to many students. A new Internet jurisdiction case involves online payday lending, an example of the fast-moving world of Internet-based commerce. A recent supplemental jurisdiction case enables students to work through the application of § 1367 in a setting that also involves appreciation of various joinder concepts. A new class-action case presents the challenges of consumer class actions. New Supreme Court and other principal cases address issues of subject matter jurisdiction and appellate jurisdiction. As reflects contemporary litigation, intellectual property cases are more prominent than in previous editions.

Corporations

A Contemporary Approach

Author: Alan R. Palmiter,Frank Partnoy

Publisher: West Academic Publishing

ISBN: 9780314284044

Category: Law

Page: 1002

View: 5096

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This book is an accessible text for a Corporation law course and one readily adaptable to a Business Associations course. The clear, accessible narrative that students love is now everywhere, not just in selected sections. A new and updated online companion site includes Power Points, class outlines, quizzes and other materials. The second edition includes key updates on cases and legal concepts, including Citizens United, Dodd-Frank and say-on-pay. The "other entities" materials are flexible so professors can customize, large or small.

Critical Race Theory

Cases, Materials, and Problems

Author: Dorothy A. Brown

Publisher: N.A

ISBN: 9780314287519

Category: Law

Page: 337

View: 7199

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This law school casebook examines cases through the analytical framework of critical race theory. The third edition includes a new chapter on racial bias and the judiciary and a focus on fighting racism in the 21st century. There is a separate chapter on torts, contracts, criminal procedure, criminal law and sentencing, property, and civil procedure. It also examines cases where race is not always obvious, showing how race is often relevant even where it may initially appear not to be relevant. Lastly, the book provides cases where the courts have applied a critical race theory perspective.

The Latin American Casebook

Courts, Constitutions, and Rights

Author: Juan F. Gonzalez-Bertomeu,Roberto Gargarella

Publisher: Routledge

ISBN: 1317026209

Category: Law

Page: 270

View: 9482

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Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Federal Income Tax, a Contemporary Approach

Author: SAMUEL A. DONALDSON,Donald Tobin

Publisher: West Academic Publishing

ISBN: 9781634604901

Category:

Page: 1100

View: 1678

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Completely updated to reflect the 2017 Tax Cuts and Jobs Act, the Third Edition of Federal Income Tax: A Contemporary Approach continues its successful integration of several modern platforms to introduce students to the federal income taxation of individuals. As before, the book takes three passes through the system, each in increasing detail. The first pass, in two short chapters, introduces the basic structure of the federal income tax through the computation of taxable income. It lets students see the overall structure early in their study and gives context to new concepts as they are introduced. The second pass, consuming two larger chapters, walks through the concepts of gross income and deductions, respectively. The final pass, consuming seven chapters, then builds on the material from the first four chapters, considering exclusions, timing issues, characterization, and advanced discussion of property transactions, personal expenses, dual-use expenses, and tax shelters. The text includes dozens of review questions, hundreds of self-assessment questions, and nearly 100 detailed problems for class discussion, all of which require students to apply Code and Regulation provisions to real-life fact patterns. The book also includes links to several instructional videos to reinforce student comprehension. Like other titles in the Interactive Casebook Series, the accompanying electronic version gives student immediate access to cited cases, statutes, and articles.

Investigative Criminal Procedure

A Contemporary Approach

Author: Sam Kamin,Ricardo J. Bascuas

Publisher: West Academic Publishing

ISBN: 9780314285461

Category: Law

Page: 994

View: 4121

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This book provides a comprehensive overview of modern and historical understandings of the pre-trial rights guaranteed by the Fourth, Fifth, and Sixth Amendments. Rather than focusing on holdings, it focuses on concepts and rationales. Carefully edited majority, concurring, and dissenting opinions convey the development of criminal constitutional law, exposing recurring themes and ideas across cases and over the decades. The Supreme Court's classic and recent cases are organized around a politically agnostic conceptual approach, allowing students to grasp competing theories for understanding the key concepts underlying searches and seizures, interrogations, and the exclusionary rules. "Points for Discussion" following each case focus students on the points of contention among the justices, facilitating class preparation. The included online version links to historical materials and legal sources on Westlaw® and the Internet.

Contemporary Property

Author: Grant S. Nelson,Dale A. Whitman,Colleen E. Medill,Shelley Ross Saxer

Publisher: West Academic Publishing

ISBN: 9780314927040

Category: Law

Page: 1223

View: 5141

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This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595421. Learn more at CasebookPlus.com. Designed for use in a four, five or six unit Property course, this casebook applies traditional property concepts in a distinctly modern context. The book begins with fundamental Property principles and concepts, followed by personal property with an introduction to intellectual property. Subsequent chapters cover present and future interests, concurrent estates, landlord and tenant law, real estate transactions, easements, covenants, and public land use regulation (including zoning, eminent domain and regulatory takings, and constitutional challenges based on due process, equal protection, freedom of speech and freedom of religion). The book is accompanied by a detailed Teacher's Manual.

Federal Courts

A Contemporary Approach

Author: Donald L. Doernberg,Evan Tsen Lee

Publisher: N.A

ISBN: 9780314283689

Category: Law

Page: 1276

View: 5579

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The text is largely structured as before, but offers new teaching/learning possibilities because of the interactive features. There has been major restructuring of Chapters 1 (Justiciability) and 11 (Habeas Corpus) to make them more teachable. Chapter 3 reflects changes in the Court's approach to federal-question jurisdiction, with Merrell Dow fading into the background, replaced by Grable and Gunn v. Minton. The text also includes the two significant standing cases decided at the very end of the October 2012 Term: Hollingsworth v. Perry and Windsor v. United States.

Torts, a Contemporary Approach

Author: MEREDITH. TURNER DUNCAN (RONALD. BAHADUR, RORY.),Rory Bahadur

Publisher: West Academic Publishing

ISBN: 9781640200708

Category:

Page: N.A

View: 9506

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This casebook is organized to facilitate the study of law in the first year of law school with a focus on the study of tort law in particular. The text begins with an overview of tort law, pointing out distinctions between tort law and other types of law. It then covers intentional torts, negligence actions, and strict liability, covering all topics in detail. The materials presented build on foundational principles by exploring more advanced tort subjects such as nuisance, products liability, and defamation and privacy law. This versatile textbook includes classic cases as well as contemporary cases relevant to today's students. In addition to having discussion questions and hypotheticals throughout, the text also includes graphics illustrating many of the principles covered throughout the text. The text is available in both hardbound and electronic format and features Internet links for the student's use.