Civil Procedure: Study Aids

Introduction -- Subject-matter jurisdiction and venue -- Personal jurisdiction -- Ascertaining the applicable law -- Modern pleading -- Joinder of parties and claims -- Discovery -- The pretrial conference -- Adjudication without trial -- The trial process -- Jury trial -- Verdicts and judgments -- Appeals -- Former adjudication -- Securing and enforcing judgments -- Specialized proceedings: class actions, derivative suits, and interpleader.

Personal jurisdiction : the enigma of minimum contacts -- Statutory limits on personal jurisdiction : the reach and grasp of the long-arm -- Seeking the home field advantage : challenges to personal jurisdiction -- Federal questions and federal cases : jurisdiction over cases "arising under" federal law -- Diversity jurisdiction : when does multiplicity constitute diversity? -- Personal and subject matter jurisdiction compared : the first two rings -- Second-guessing the plaintiff's choice of forum : removal -- Proper venue in federal courts : a rough measure of convenience -- Choosing a proper court : the three rings reconsidered -- Easy Erie : the law of Rome and Athens -- Eerie Erie : the substance/substance distinction -- Erie and state choice of law : vertical uniformity and horizontal chaos -- Sculpting the lawsuit : the basic rules of joinder -- Into the labyrinth : joinder of parties under rule 14 -- Essentials and interlopers : joinder of parties under rules 19 and 24
Jurisdictional fellow travelers : supplemental jurisdiction -- Jurisdiction vs. joinder : the difference between power and permission -- The bearer of bad tidings : service of process in the federal courts -- Getting off easy : the motion to dismiss -- When justice so requires : amendments to pleadings under the Federal Rules -- The scope of discovery : the rules giveth, and the rules taketh away -- Tools of the trade : the basic methods of discovery -- Defective allegation or insufficient proof : dismissal for failure to state a claim compared to summary judgment -- The judge and the jury, part one : judgment as a matter of law (directed verdict) -- The judge and the jury, part two : whose case is this, anyway? -- Res judicata (claim preclusion) : the limits of procedural liberality -- Res judicata and the rules of joinder : when does may mean must? -- Collateral estoppel (issue preclusion) : fine-tuning the preclusion doctrine
The obscure kingdom : nonmutual collateral estoppel -- An introduction to the pretrial litigation process : setting the stage for the Schulansky case -- First moves : Schulansky goes to court -- A change of forum : Ronan removes to federal court -- The defendants' perspective : Ronan's answer and counterclaim -- Chain reaction : Ronan brings in Jones -- Preliminary objections : Jones seeks a way out.

1. Introduction to civil procedure and practice -- 2. Subject-matter jurisdiction -- 3. Personal jurisdiction and service of process -- 4. Venue and related matters -- 5. Sources of law -- 6. Pleading and related matters -- 7. Joinder of claims -- 8. Joinder of parties -- 9. Discovery and pretrial conferences -- 1-. Disposition of the action without trial -- 11. Trial -- 12. Post-trial motions, appellate review, and extraordinary relief from judgments -- 14. Finality i

Why and how law school is different from college -- The study of civil procedure -- Selecting a forum : personal jurisdiction and notice -- Selecting a forum : subject matter jurisdiction -- Selecting a forum : venue, transfer, and forum non conveniens -- The litigation process : early stages -- The litigation process : adjudication -- The litigation process : appellate review -- Defining the scope of litigation : joinder of claims and parties -- The preclusion doctrines -- Erie.

Due process -- Pleading -- Facts -- Parties -- Jurisdiction -- Federalism -- Repose -- Management -- Why litigate?
"This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure"--Provided by the publisher.