Civil Procedure: Theory And Practice (Casebook)

The new edition of this thought-provoking casebook incorporates important new material into a framework that has been proven and updated through classroom use. CIVIL PROCEDURE: Theory and Practice, Second Edition, integrates traditional, thorough doctrinal coverage and the Socratic method with contextual, strategic lawyering perspectives and the opportunity to explore challenging theoretical questions.The casebook helps students recognize the relevance of procedural issues in litigation by:using the Socratic method to encourage student thought, with introductory text, examples, and hypotheticals to equip students for the challenges of practicecreating a sophisticated yet clear and straightforward text that provides students with clear exposition that never 'hides the ball' yet still requires students to work to achieve deeper insightsopening with an overview of the entire civil litigation process, using the landmark N.Y. Times v. Sullivan case, real pleadings, and actual discovery materials to introduce basic elements of civil litigationshowing the connection between the classroom and the courtroom with an innovative 'Anatomy of a Litigation' case study chapter that leads students systematically through the process from pleadings to verdict and requires students to apply what they learn to a factually complex tort case centered around an airplane crashproviding comprehensive coverage of the full range of topics, including in-depth treatment of personal and subject matter jurisdiction, complex joinder, preclusion, and alternative dispute resolutionfacilitating analysis with accessible background material for each major caseutilizing extensive notes and questions to frame conceptual issues and provide the beginning of the answer so students have a starting point and are able to develop strategic and critical thinking skillsselecting an excellent assortment of leading cases and high-interest cases, balancing lightly edited cases for analysis with tightly edited cases to cover more conceptual ground and strategy objectivesThe Second Edition introduces exciting new content and coverage:new co-author Tobias Barrington Wolff brings his valuable experience and expertise to the writing teama new chapter on remedies and provisional relief provides vital coverage of the larger litigation processadditional coverage of trial procedures and juries allows instructors to emphasize the practical side of adjudicationupdated material on class actions and joinder (thorough, up-to-date coverage of revised Federal Rule 23, the Class Action Fairness Act of 2005, and other recent developments in complex litigation) and notice, due process, and personal jurisdiction (expanded discussion of procedural due process and its relationship to notice and jurisdiction; more concise treatment of nationwide jurisdiction and other less central issues)revised preclusion chapter responds to feedback from adopters on how best to synthesize material for students and includes a section on the doctrine of judicial estoppel recently embraced by the U.S. Supreme Court in New Hampshire v. Mainethorough, easy-to-understand treatment of Semtek and its relationship to the Erie doctrinenew comparative material on attorney's fees to introduce students to the many alternatives that exist within and outside the standard American legal systemfully revised Teacher's Manual offers sample syllabi and helpful suggestions on course structuringTobias Barrington Wolff is the author of 'Civil Procedure: Theory And Practice (Casebook)', published 2006 under ISBN 9780735550704 and ISBN 0735550700.