Mastering Civil Procedure

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ISBN: 9781594602634 | 1594602638
Cover: Paperback
Copyright: 8/30/2008

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Mastering Civil Procedure provides a thorough and practical guide to the Federal Rules of Civil Procedure as well as related doctrines, including personal jurisdiction, subject matter jurisdiction, and claim and issue preclusion. Not only does the book provide a concise and clear road map to civil procedure, it is designed to complement leading civil procedure case books by discussing many of the principal cases from those books. The book benefits from having been written by a civil procedure professor who, prior to teaching, litigated civil lawsuits in federal courts for 14 years with both large and small law firms. This book is part of the Carolina Academic Press Mastering Series edited by Russell L.Weaver, University of Louisville School of Law.

Courts decide claims	p. 3
The preview of part A of this book	p. 11
The foundations of subject matter jurisdiction	p. 13
Federal question and diversity subject matter jurisdiction	p. 19
The foundations of personal jurisdiction	p. 51
Personal jurisdiction : long arm statutes, minimum contacts, and fair play	p. 57
In Rem and Quasi In Rem jurisdiction	p. 81
The foundations of venue	p. 87
Proper and improper venue	p. 91
Removal : what if plaintiff filed in state court a claim over which a federal court would have subject matter jurisdiction?	p. 103
The preview of part B of this book	p. 127
The plaintiff's pre-suit investigation required by Rule 11	p. 129
The complaint	p. 135
Preview of the four steps to analyze joinder of claims and parties	p. 149
Joinder step one : authority in a rule for joining the party or the claim	p. 153
Authority to join claims	p. 157
Authority to join parties	p. 169
Multiple parties allow joinder of even more claims and parties	p. 189
Interpleader : a nonparty creates a suit between two others	p. 193
Intervention : the only way a person can force itself into a lawsuit between other parties	p. 197
Joinder step two : original or supplemental subject matter jurisdiction must exist	p. 201
Joinder step three : personal or pendent personal jurisdiction must exist over each claim	p. 217
Joinder step four : venue or pendent venue must exist over most, but not all, claims	p. 221
A recap and flow chart of the four steps for adding claims or parties	p. 225
Notifying the defendant of the filing of suit through service or waiver of service of process	p. 237
Preview of the defendant's options in response to receiving a federal court complaint	p. 247
The defendant's initial set of options	p. 251
An introduction to motions	p. 257
When and why must a defendant file an answer or Rule 12 motion?	p. 265
Rule 12(b)(1) challenges to subject matter jurisdiction	p. 269
Rule 12(b)(2) challenges to personal jurisdiction	p. 285
Rule 12(b)(3) challenges to improper venue	p. 291
Rule 12(b)(4) and (5) challenges to process	p. 299
Rule 12(b)(6) challenges to statement of a claim by plaintiff and for judgment on the pleadings	p. 303
Rule 12(b)(7) and indispensable parties under Rule 19	p. 315
Rule 12's one-motion-consolidation requirement	p. 317
The defendant's answer	p. 327
Rule 11's reach and special procedures	p. 335
Transfer from a proper venue to a more convenient, proper venue	p. 343
Special venue issues	p. 351
Amending pleadings	p. 359
Lawyer responsibility for and judicial involvement in case management	p. 373
The first steps after pleadings close : conferences and required initial disclosures	p. 375
Adjudication or resolution of claims before discovery	p. 387
The foundations of choice of law in federal court	p. 399
Choice of law : Erie and beyond	p. 403
Discovery	p. 417
Scope of discovery : relevancy and other boundaries	p. 423
Forms of discovery	p. 435
Expert witnesses : disclosure, discovery, and protection	p. 459
Adjudication of discovery disputes	p. 471
Summary judgment : adjudication of claims prior to trial but after discovery	p. 479
The final set of required disclosures : the pretrial order	p. 495
Adjudication of claims by trial	p. 501
After verdict : in the district court	p. 519
Obtaining relief after prevailing on a claim	p. 531
Limited availability of appeals : the final judgment rule and its expectations	p. 535
A brief word on appeals	p. 553
Attacking a judgment in district court under Rule 60(b)	p. 557
After appeals : claim and issue preclusion	p. 563
A brief introduction to mass and class actions	p. 585
Index	p. 589
Table of Contents provided by Blackwell. All Rights Reserved.

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Mastering Civil Procedure

Summary

Table of Contents

Supplemental Materials