Christopher Mueller is a highly regarded scholar who has taught procedure for 40 years. His stellar, accessible style is familiar to all who use his Evidence texts. Twenty-First Century Procedure presents doctrines and issues within context to help students understand and discuss cases and problems. Major themes of civil litigation are introduced: the adversary system, use of juries, the federal structure of our judicial system, and the advent of managerial judging. The comprehensive treatment of federalism examines the Erie as well as three other aspects that are critical to understanding--pre-emption, abstention, and anti-suit injunctions. Carefully selected cases include standards, from International Shoe to Twombly to Upjohn, as well as illustrative decisions examining everything from counterclaims to amending pleadings to issue preclusion. Materials on scope of jury trial entitlement are trimmed, in order to cover juror qualifications, impanelment of juries, and for-cause and peremptory challenges. Motions for new trial and judgment as a matter of law are covered, including additur and remittitur and post-verdict challenges for jury misconduct. "Down home" state decisions from Vermont, Kansas, New Mexico, and South Dakota show the common issues most often examined in federal decisions. With its contemporary view Twenty-First Century Procedure includes modern cases in areas such as class suits, discovery, and pleadings, as well as discussion of e-discovery and modern pretrial practice. The careful pedagogy is designed to enhance classroom discussion. Pictures and sidebars add dimension and pique student interest. The text provides comprehensive coverage for use in 5- or 6-unit courses. However, it is flexible enough to be used in courses with fewer hours, covering the material in 4 units. A statutory supplement is published annually. Features: stellar authorship--a highly regarded scholar who has taught procedure for 40 years accessible style familiar to all who use Mueller's Evidence texts ample expository text introduces doctrines and issues in context major themes of civil litigation explored the adversary system use of juries federal structure of our judicial system the advent of managerial judging comprehensive treatment of federalism Erie doctrine pre-emption abstention anti-suit injunctions carefully selected standard and illustrative cases standards--International Shoe, Twombly, Upjohn decisions on counterclaims to amending pleadings to issue preclusion coverage of jury entitlement is shortened, but not important areas of post-trial motions for new trial and judgment as a matter of law text covers juror qualifications, jury impanelment (peremptories and for-cause challenges) text covers post-verdict challenges based on jury misconduct "Down home" decisions: state decisions from Vermont, Kansas, New Mexico, and South Dakota show common issues most often examined in federal decisions contemporary view includes modern cases in areassuch as class suits, discovery, and pleadings discusses e-discovery and modern pretrial practice helpful pedagogy designed for classroom discussion Notes after cases and Problems systematically develop their implications
Field's procedural reforms were adopted by New York in 1848, and about half the states swiftly adopted models of his code. One goal of the Codes was to reduce the technicalities of pleading by eliminating the “forms of action” and ...
This book is essential reading for all lawyers, judges, politicians and citizens interested in the question of remedying the significant problems plaguing the current system for the provision of justice in Australia, England and the United ...
The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management. The information age provides novel tools for case management.
This edition of The Rules of Civil Procedure places the Rules in full text in Part 1, followed in Part 2 by selected Advisory Committee Notes.
Reimagining Courts should spark much-needed debate. This book will be of significant interest to lawyers, judges, and professionals in the court system as well as to scholars in public administration and political science.
In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application.
This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide ...
... 8, 9, 12, 14 Smith, Joseph 407–9 Smith, William Robertson 279 Smyth, John 256, 259 Sophrony, Elder 225 Spong, ... 264, 307 Wesley, John 142, 262–5, 307, 317, 331 White, Ellen G. 261, 404, 407 Whitefield, George 263, 331 Wilberforce, ...
This casebook is the first to discuss the 1996 legislation limiting habeas corpus & death-row appeals & the Supreme Court's decision interpreting this legislation. This is also the first casebook...
procedures were inspired by the view discussed in Chapter 2 that the best way of making assumptions about the future is by ... For the long range assumptions for the second half of 444 world population & human capital in the 21st century.