Civil Procedure: A Modern Approach

Hardcover
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Author: Richard L. Marcus

ISBN-10: 0314184953

ISBN-13: 9780314184955

Category: Civil Procedure

This book reflects the impact of contemporary developments in civil procedure without losing sight of the fact that much of civil procedure still concerns traditional rules and mechanisms and time-honored policies. The chronological order of this book roughly follows that of a lawsuit - preceding from the initial complaint and pleadings to appeal and effect of judgment. This book also examines the policies and mechanisms of the American adversary system, including criticisms of the system and...

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This book reflects the impact of contemporary developments in civil procedure without losing sight of the fact that much of civil procedure still concerns traditional rules and mechanisms and time-honored policies. The chronological order of this book roughly follows that of a lawsuit - preceding from the initial complaint and pleadings to appeal and effect of judgment. This book also examines the policies and mechanisms of the American adversary system, including criticisms of the system and the procedural innovations that attempt to remedy the shortcomings. The authors include interdisciplinary materials reflecting practices in other countries and various states to introduce readers to alternative ways of dealing with various procedural issues.

PrefaceUsing WESTLAW To Help You Understand Civil ProcedureTable of CasesTable of Secondary AuthoritiesCh. IChoosing a System of Procedure1Ch. IIThe Rewards and Costs of Litigation - Of Remedies and Related Matters26Ch. IIIDescribing and Defining the Dispute114Ch. IVEstablishing the Structure and Size of the Dispute211Ch. VObtaining Information for Trial310Ch. VIAdjudication Before Trial: Summary Judgment399Ch. VIIJudicial Supervision of Pretrial and Promotion of Settlement441Ch. VIIITrial496Ch. IXChoosing the Forum - geographical Location666Ch. XChoosing the Forum - State v. Federal Court837Ch. XIChoosing the Law to Be Applied in Federal Court914Ch. XIIAppeals1008Ch. XIIIPreclusive Effects of Judgments1091Index1179