Civil procedure Book

Chapter 1: An Introduction to Civil Procedure

A. What Students Should Know From the Start

B. An Opening Case: The Power and Limits of courts

C. The Right to be Heard: Elements and History of Due Process

D. Costs of Process

E. Access to Lawyers and to the Legal System

Chapter 2: Remedies and Stakes

A. Introduction

B. Provisional Relief

C. Final Relief

D. Attorney's Fees and the Economics of Relief

E. Contempt

Chapter 3: Thinking like a Trial Lawyer, Pleadings, and Simple Joinder

A. Introduction

B. The Stages and Essential Concepts of a Civil Litigation

C. Pleading and Amendments

D. The Historical Background of Civil Procedure

E. Sanctions

F. Simple Joinder

G. Counterclaims and Cross-Claims

H. Third Party Practice

I. Review

Chapter 4: Discovery

A. Introduction

B. The Role of Discovery

C. Discovery Techniques

D. The Rules of Evidence

E. Zealous Advocacy and Ethical Considerations

F. Criticism: Recent and Proposed Reform

Chapter 5: The Right to Jury Trial and Judicial Controls of Results

A. Introduction

B. The Right to Jury Trial in Civil Cases in Federal Court

C. Jury Selection: Techniques and Purposes, Including Peremptory Challenges

D. Summary Judgement

E. Dismissals, Directed Verdicts, Judgements N.O.V., New Trial Motions to Vacate Judgement

F. Instructions, Bifurcation/Trifurcation

G. Closing Arguments

H. Appeals

I. Review

Chapter 6: Questioning and Taming the Current System

A. Thinking About the Adversary System and controlling it Through Case Management

B. Is There a Litigation Crisis?

C. Alternative Dispute Resolution

D. Creative Judicial Alternatives: Managerial Judging and Court-Sponsored Dispute Resolution

Chapter 7: The Choice of and Appropriate court: Personal Jurisdiction, Notice, and Venue Discovery

A. An Introduction to Personal Jurisdiction

B. Jurisdiction Over the Person or Property of the Defendant

C. The Traditional Conception of Personal Jurisdiction

D. The Modern Conception of Personal Jurisdiction

E. Note on Long Arm Statutes

F. Note on Specific as Compared to General Jurisdiction

G. Note on Personal Jurisdiction in Federal Court

H. Minimum Contacts Analysis in Operation

I. Jurisdiction Based on the Presence of Defendant's Property

J. Jurisdiction Based Solely on Personal Service Within the Forum State

K. General Jurisdiction

L. Consent

M. Another Approach to Personal Jurisdiction

N. Notice

O. Venue and Forum Non Conveniens

Chapter 8: The Choice of an Appropriate Court: Subject matter Jurisdiction and Removal

A. Introduction to Subject Matter Jurisdiction

B. Federal Question Jurisdiction

C. Diversity Jurisdiction

D. Supplemental Jurisdiction

E. Removal

F. Review

Chapter 9: Choice of Federal or State Law- The Erie v. Tompkins Problem

Chapter 10: Finality and Preclusion

A. Introduction to Finality

B. Claim Preclusion (Res Judicata)

C. Issue Preclusion (Collateral Estoppel)

D. The Counterweights to Finality

E. Review

Chapter 11: Complexity: It All Comes Together

A. Necessary and Indispensable Parties: The Attempt to Set Boundaries on Lawsuits

B. Interpleader

C. Class Actions

D. It All Comes Together or The Mysteries of Martin v. Wilks