Search results for: civil-procedure-in-focus

Civil Procedure in Focus

Author : W. Jeremy Counseller
File Size : 56.48 MB
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Civil Procedure in Focus by Jeremy Counseller and Eric Porterfield uses a combination of accessible explanatory text, cases, and other primary legal sources to teach civil procedure, and then provides opportunities for students to apply the law to multiple sets of facts in every chapter. Selected cases illustrate key changes in the law and show how courts have developed and apply doctrine. The unintimidating approach of this casebook provides a hands-on, experiential learning environment that can be essential to many students’ success. Through practice-based exercises, students learn to apply legal principles and concepts to real-world scenarios. Simply knowing the facts of a benchmark case is not enough; knowing how to apply the doctrine from one case to a different set of facts enhances a` student’s ability to succeed in and after law school. New to the Second Edition: Multiple-choice questions at the end of each chapter Discussion of “Snap Removal,” a hot topic currently percolating through the federal court system Updates regarding recent US Supreme Court cases regarding personal jurisdiction Professors and students will benefit from: Applying the Concepts and Civil Procedure in Practice exercises. These end-of-chapter exercises encourage students to synthesize the chapter material and apply relevant legal doctrine and code to real-world scenarios. Students can use these exercises for self-assessment or the professor can use them to promote class interaction. Real Life Applications. Every case in a chapter is followed by Real Life Applications, which present a series of questions based on a scenario similar to the facts in the case. Real Life Applications challenge students to apply what they have learned and help prepare them for real-world practice. Professors can use Real Life Applications to spark class discussions or provide them as individual short-answer assignments. Case Previews and Post-Case Follow-Ups. To succeed, law students must know how to deconstruct and analyze cases. Case Previews highlight the legal concepts in a case before the student reads it. Post-Case Follow-Ups summarize the important points and go one step further—noting the significance of a case to current law as well as its later ramifications. Clear exposition of key concepts in the text that means professors can spend less class time lecturing students on the basics and more time discussing different perspectives on the law, current issues, etc. Essay, short-answer, and multiple-choice questions in every chapter Practice-based hypotheticals that challenge students to apply doctrine to different fact scenarios Exhibits that highlight the relevant rule of law and corresponding legal authority

Civil Procedure in Singapore

Author : Chen Siyuan
File Size : 88.40 MB
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Singapore. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Singapore will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

The Heart of Civil Procedure Code

Author : Zahid Hamid
File Size : 65.36 MB
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Civil Procedure

Author : Richard D. Freer
File Size : 76.32 MB
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This popular treatise is a comprehensive resource, engagingly written and featuring hundred of examples to demonstrate application of doctrine. Features include: "Defining the Issue," a section that opens each chapter, putting material into context and making connections to related areas of procedure and jurisdiction law Analytical frameworks to synthesize key subject areas The Fourth Edition features: The Supreme Court's restriction of general personal jurisdiction in Daimler and BNSF Its latest decision on specific personal jurisdiction, Britol-Myers Squibb, and its likely impact Detailed treatment of remedies, including provisional remedies Detailed analysis of all amended Federal Rules of Civil Procedure, including changes to the scope of discovery

Civil Litigation in a Globalising World

Author : X.E. Kramer
File Size : 43.63 MB
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Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

The Civil Procedure Rules in Action

Author : Ian Grainger
File Size : 57.29 MB
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The first edition of Grainger and Fealy focused on clarity and simplicity in its exposition of the new civil procedure regime. The authors - both practising barristers - build on that in this expanded second edition. They examine various topics not previously covered (including costs and personal injuries), as well as the recently published rules that form the second wave of the new regime. They also review the many important judicial pronouncements on the Civil Procedure Rules since April 1999. As before, the focus is resolutely practical and the published rules and practice directions are all included here in an easy-to-use format.

Civil Procedure

Author : Howard M. Erichson
File Size : 26.93 MB
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Civil Procedure primes students to engage at a high level in the classroom. Howard M. Erichson and J. Maria Glover offer clear explanations and frameworks to help students see what is fascinating and important about each topic in civil procedure. By the time students arrive in the classroom, they will have a solid understanding not only of the basic mechanics of civil procedure, but also why the topic matters in the real world of litigation. The case selection reflects this commitment. Rather than featuring cases that raise quirky issues at the periphery, the authors chose cases to help students understand the core purposes and difficulties of each aspect of civil procedure. The notes and questions guide students step by step to better understand the implications of each case. Throughout, the authors offer insights on the implications of procedural rules as a matter of policy and as a matter of litigation strategy. Professors and students will benefit from: Clear explanations of each topic to prime students for case reading and class discussion. Careful case selection that highlights the core aspects of each topic in civil procedure. Notes and Questions that guide students, step by step, not only to understand case holdings and procedural story lines, but also to appreciate the difficulties and nuances that may otherwise be invisible to first-year students. “Terminology Tips” to define terms clearly—helping first-year law students learn the unfamiliar and sometimes-baffling language of civil procedure. “Strategy Sessions” to help students see how procedural rules affect litigation strategy and settlement dynamics—allowing the book to speak to students as future lawyers in practice, not as merely academic learners. “The Big Picture” boxes to help students step back from each topic to see broader trends, policies, and implications. Up-to-date cases as well as chapters structured to take account of changes in legal doctrine. Teaching materials include: A thorough and honest Teachers’ Manual that speaks directly to teachers with candid advice about how to think about course design and how to teach each case and each topic.

Skills Values Civil Procedure

Author : Catherine Ross Dunham
File Size : 21.99 MB
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The Skills &Values Series is an innovative hybrid series of subject-specific, practice-oriented books and online materials supported by Web Courses (powerd by Blackboard 9.1). The series is designed as a tool for professors to teach practical and analytical skills that can help students serve future clients competently, skillfully, and in an ethical manner. The chapters include a short introduction of the topic area followed by a series of problems and exercises that address the analytical components of the topics covered: • Personal and Subject Matter Jurisdiction • The Notice Requirement • Procedural Due Process • The Erie Doctrine of Choice of Law • Venue • Pleading • Discovery • Adjudication without Trial • Pre-Trial Conference Requirement • Joinder Each chapter in Skills & Values: Civil Procedure addresses a specific topic covered in most civil procedure law school classes. The chapters begin with an introduction to bridge the gap between the practice of law and the doctrine studied in class. Students then may engage in active learning by working on an exercise that simulates a real issue encountered in the practice of law. Self-assessment materials are also provided to guide the student in their analysis of each exercise. The materials found online in the companion Web Course also include: • self-assessment materials • analytical flow charts • podcasts • video materials • role play exercises • links to other relevant materials The text will prompt readers to access the online materials when the materials are relevant to the exercise. For some chapters, the materials will be available only in the Teacher's Manual to be distributed by the professor when the exercise is assigned.

The Future of Civil Litigation

Author : Laura Ervo
File Size : 34.29 MB
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This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.

Civil Procedure

Author : Stephen N. Subrin
File Size : 76.63 MB
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Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in actual practice of law. The procedural and nonprocedural aspects of the cases are thought-provoking, to hold students’ interest. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by comments and questions which deepen students’ understanding and clarify key concepts. This book also includes more than forty well-crafted problems the can be used in or out of class to to help students solidify their understanding of the materials. In-class exercises and simulations based on two sample case files are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from real cases – appear in the Appendix. Features: All cases and notes have been updated so that the book is current through the early part of 2016 Authors have added several practice exercises to the text that give students more experiential learning opportunities Two sample case files with transcripts, memoranda, exhibits, motions integrated throughout book Emphasis on lawyering skills and values and social responsibility Distinguished authorship by experienced educator-scholars