Understanding Civil Procedure

, by Shreve, Gene R.; Raven-Hansen, Peter

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ISBN: 9780820553689 | 0820553689
Cover: Paperback
Copyright: 12/1/2001

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Supplemental Materials

Preface to Third Edition

iii

Preface to Second Edition

Preface to First Edition

vii

Introduction

What is Civil Procedure?

(5)

Approaching the Subject

(1)

Substance and Procedure

(1)

Civil Procedure in the United States

(1)

Some Common Misperceptions of Civil Procedure

(2)

Sources of Civil Procedure

(4)

Briefing a Civil Procedure Case

(4)

Research and Drafting in Civil Procedure

(2)

Civil Procedure Bibliography and Short Form Citations

(1)

Selecting a Court---In General

The Choices: State and Federal Judicial Systems

(2)

Factors Influencing the Selection of a Court

(4)

A Court with Jurisdiction Over Persons and Things

Preliminary Observations

(5)

How and Why Problems of Territorial Jurisdiction Arise

(1)

Law Which Limits the Reach of Courts' Territorial Jurisdiction

(1)

State Courts

(1)

Federal Courts

(3)

PART A Received Traditions

Three Categories Of Territorial Jurisdiction

(2)

In Personam Jurisdiction

(1)

In Rem Jurisdiction

(1)

Quasi In Rem Jurisdiction

(1)

Traditionally Accepted Forms Of Personal Jurisdiction

(6)

Suit in the Defendant's Home State

(2)

Personal Jurisdiction Over Nonresidents Through Waiver or Express Consent

(1)

How Waiver Operates

(1)

Special and Limited Appearances

(1)

Preserving the Jurisdictional Challenge in the Face of an Initial Adverse Ruling

(1)

Jurisdiction By Consent

(1)

Transient Jurisdiction

(1)

Timing the Jurisdictional Challenge

(5)

Direct Attack

(1)

Collateral Attack

(2)

Considerations Influencing the Choice Between Direct and Collateral Attack

(1)

The Relative Advantages of Direct Attack

(1)

The Relative Advantages of Collateral Attack

(1)

PART B Personal Jurisdiction Over Nonresident Defendants --- Pennoyer and the Liberating Effects of International Shoe

Territorial Constraints On Personal Jurisdiction During the Pennoyer Era

(5)

Due Process Focussed on Forum State Boundaries

(2)

Restlessness Under Pennoyer

(3)

International Shoe and the Beginning Of The Modern Era

(8)

International Shoe Co. v. Washington

(1)

Due Process and the Reasonableness of Plaintiff's Forum Choice

(1)

The Advent of Minimum Contacts

(2)

Justifications for Shoe's Extension of Personal Jurisdiction

(2)

Jurisdictional Sufficiency Elaborated --- Two Significant Early Cases

(1)

McGee v. International Life Ins. Co.

(2)

Perkins v. Benguet Consolidated Mining Co.

(1)

Personal Jurisdiction's Green-light Period---Developments Until 1977

(7)

The Proliferation of State Long-Arm Statutes

(1)

Hanson v. Denckla --- The Court's Isolated Warning

(4)

Lower Courts Do (Or Do Not) Restrain Themselves

(1)

PART C Territorial Jurisdiction in the Modern Era

International Shoe Gives But Also Takes Away Jurisdiction --- Spread of the Minimum Contacts Standard

(9)

Minimum Contacts and the Decline of Quasi In Rem Jurisdiction --- Shaffer v. Heitner

(2)

Driving the Point Home --- Rush v. Savchuk

(1)

The Effect of Increased Due Process Requirements on Other Assertions of Territorial Jurisdiction

(1)

Old Forms of Territorial Jurisdiction Likely to Survive

(2)

The Triumph of Transient Jurisdiction --- Burnham v. Superior Court

(2)

Jurisdiction by Coerced Consent

(1)

Applications of Territorial Jurisdiction Exempt From the Minimum Contacts Test

(1)

A Closer Look at the Minimum Contacts Test --- When and How Contacts Count

(4)

The Function of Contacts and the Special Importance of Defendant's Contacts With the Forum

(2)

Specific and General Jurisdiction

(1)

The Fact-Sensitive Nature of Minimum Contacts Inquiries

(1)

Defendant's Forum Contacts Related to the Controversy (Specific Jurisdiction) --- Recent Developments

(6)

Jurisdiction in Cases Where Defendant Acts Elsewhere to Cause Harm in the Forum --- An Introduction to the Problem

(2)

Forum Injury Is Not Enough --- World-Wide Volkswagen v. Woodson

(2)

All of Defendant's Contacts Related to the Controversy Need Not Be With the Forum --- Burger King Corp. v. Rudzewicz

(2)

Defendant's Forum Contacts Unrelated to the Controversy (General Jurisdiction) --- Recent Developments

(3)

Helicopteros Nacionales de Colombia v. Hall

(1)

The Future of General Jurisdiction

(2)

Further Developments

(12)

Combining Defendant's Related and Unrelated Forum Contacts --- Keeton v. Hustler Magazine

(2)

When Minimum Contacts Are Not Enough --- Asahi Metal Industry Co. v. Superior Court

(3)

A Limited Role for Plaintiff's Forum Contacts --- Calder v. Jones

(2)

Jurisdiction in Cyberspace

(5)

Notice and Opportunity to be Heard

The Due Process Guaranty of Notice and the Opportunity to be Heard

(3)

Special Due Process Concerns Arising from Class Actions and Prejudgment Attachments

(3)

Class Actions

(1)

Prejudgment Attachments

(3)

Rules Regulating Service of Process

101

(6)

The Interplay of Constitutional Law and Rules or Statutes; Diversity of Local Approaches

101

(1)

The Federal Rule Model

102

(2)

Service Abroad; The Hague Convention

104

(3)

A Court with Jurisdiction Over the Subject

Introduction

107

(3)

Subject Matter Jurisdiction Generally

107

(2)

Subject Matter Jurisdiction of the Federal Courts

109

(1)

PART A Federal Question Jurisdiction

Constitutional Scope

110

(2)

Statutory Scope

112

(6)

The Pivotal Federal Element

112

(3)

The Well-Pleaded Complaint Rule

115

(3)

PART B Diversity Jurisdiction

In General

118

(4)

Rationale and the Modern Critique

118

(2)

Diversity Between Whom?

120

(1)

Further Limitations on Diversity Jurisdiction

121

(1)

Citizenship

122

(4)

Amount in Controversy

126

(5)

The ``Legal Certainty Test'' and the Single Claim

126

(3)

Aggregating Multiple Claims

129

(2)

PART C Removal and Supplemental Jurisdiction

Removal Jurisdiction

131

(4)

In General

131

(2)

Removal of Separate and Independent Claims

133

(2)

Overview of Supplemental Jurisdiction and Its Antecedents

135

(2)

Pendent Jurisdiction

137

(5)

Pendent Claim Jurisdiction

137

(3)

Pendent Party Jurisdiction

140

(2)

Ancillary Jurisdiction

142

(3)

Statutory Supplemental Jurisdiction

145

(10)

The Three-Part Test for Supplemental Jurisdiction

146

(1)

Qualifying Under Section 1367(a)

146

(2)

Disqualifying Under § 1367 (b)

148

(1)

Discretion Under § 1367(c)

148

(1)

Problems With Subsection 1367(b)

149

(1)

Overinclusiveness?

149

(1)

Underinclusiveness?

150

(2)

Solutions?

152

(3)

A Convenient Court

Traditional Bases for Venue

155

(5)

In General

155

(1)

Bases for Venue

156

(3)

Judge-Made Exceptions

159

(1)

Change of Venue

160

(4)

Dismissal and Forum Non Conveniens

160

(3)

Transfer of Venue

163

(1)

Proposals Regarding the Relationship of Personal Jurisdiction and Venue

164

(3)

Ascertaining the Applicable Law

Overview

167

(1)

The Evolution from Swift to Erie

167

(4)

Swift v. Tyson

167

(1)

The Controversial Reign of the Swift Doctrine

168

(1)

Erie R.R. Co. v. Tompkins

169

(2)

Tests for Applying Erie

171

(9)

The Substance-Versus-Procedure Test and Its Criticism in York

171

(1)

The Outcome-Determination Test

172

(1)

Byrd and the Assessment of State and Federal Interests

173

(1)

Hanna and the Modified Outcome-Determination Test

174

(1)

Later Erie Issues

175

(2)

Analytical Summary: Three Contemporary Tests Under the Erie Doctrine

177

(3)

State Law Versus the Federal Rules of Civil Procedure --- The Importance of the Rules Enabling Act

180

(6)

Early Uncertainty

180

(1)

Hanna, Walker and Woods: The Resilience of Federal Rules of Procedure

181

(3)

Modern Analysis

184

(1)

Matters ``Procedural'' Within the Meaning of the Rules Enabling Act

184

(1)

The Relationship Between the Rules Enabling Act and the Rules of Decision Act

185

(1)

Which State's Law?

186

(4)

The Conflict-of-Laws Problem

186

(1)

The Klaxon Rule

187

(1)

Klaxon and § 1404(a)

188

(2)

Ascertaining the Content of State Law

190

(4)

The Elusive Model of the Highest State Court

190

(1)

Data to Be Used in Forecasting State Law

191

(2)

How Much Freedom Do Federal Judges Have in Handling State Law?

193

(1)

Federal Common Law

194

(5)

Simple Pleading and Practice

Overview: The Functions and History of Pleading

199

(1)

Pre-Code Pleading and Practice

200

(4)

Common Law Issue Pleading and Practice

200

(3)

Equity Pleading and Practice

203

(1)

Code Fact Pleading and Procedure

204

(4)

In General

204

(1)

The Cause of Action and the Theory of the Pleadings

205

(2)

The Specificity of Fact Pleading Under the Codes

207

(1)

Modern Notice Pleading

208

(8)

The Specificity of Notice Pleading

208

(4)

Consistency and the Theory of the Pleadings in Modern Pleading

212

(1)

The Form of Notice Pleading

213

(1)

Special Pleading Rules in Modern Pleading

214

(2)

Candor and Care Requirements in Modern Pleading

216

(11)

Verification

216

(1)

Certification and Rule 11

216

(1)

Rule 11 in General

217

(3)

Evidentiary Support

220

(1)

Legal Support

221

(2)

Improper Purpose

223

(1)

Sanctions

224

(2)

Assessment

226

(1)

The Complaint

227

(3)

Statement of Jurisdiction

227

(1)

Statement of Claim and the Burden of Pleading

228

(1)

Demand for Relief

229

(1)

Challenging Pleadings: Motion Practice

230

(6)

Motion Practice in General

230

(2)

Bases for Motions

232

(1)

Defects of Form

232

(1)

Waivable Preliminary Defenses

233

(1)

Failure to State a Claim (or Defense), and Other Nonwaivable Defenses

234

(1)

Consequences of Challenging a Pleading

235

(1)

Successful Challenge

235

(1)

Unsuccessful Challenge

236

(1)

The Answer

236

(6)

Denials

236

(2)

Other Defenses

238

(1)

Preliminary, Nonwaivable and Affirmative Defenses

238

(2)

A Note on the Affirmative Defense of the Statute of Limitations

240

(2)

Claims by Way of Answer

242

(1)

The Reply and Other Pleadings

242

(1)

Amendment of Pleadings

243

(10)

Amendment Before Trial

243

(2)

Amendment During and After Trial

245

(1)

Conforming Amendment By Consent

245

(2)

Conforming Amendment Over Objection

247

(1)

The Objecting Party's Tactical Dilemma

247

(1)

Amendment and the Statute of Limitations

247

(1)

Relation Back of Amendments Amending Claims

247

(3)

Relation Back of Amendments Amending Parties

250

(2)

Responding to Amendment

252

(1)

A Concluding Note on Common Sense in Pleading

253

(2)

Complex Pleading and Practice

Overview

255

(3)

Definitions of Complex Litigation

255

(1)

Reasons for Complex Litigation

255

(1)

Judicial Efficiency

256

(1)

Avoiding Prejudice to a Party or Absentee

256

(1)

How the Federal Rules of Civil Procedure Facilitate Expansion of Claims and Parties

256

(2)

PART A Adding Claims Without Adding Parties

Claim Joinder

258

(1)

Compulsory and Permissive Counterclaims

259

(3)

Cross-Claims

262

(2)

PART B Adding Claims by Adding Parties

Permissive and Compulsory Joinder

264

(8)

Permissive Joinder

264

(2)

Compulsory Joinder

266

(1)

Necessary Parties Under Rule 19(a) --- When Must Joinable Persons Be Brought In?

266

(3)

Rule 19(a) --- When is Joinder of a Necessary Party Feasible?

269

(1)

Rule 19(b) --- When Are Persons Who Cannot Be Joined Indispensable?

270

(2)

Impleader

272

(4)

Interpleader

276

(3)

Intervention

279

(4)

Intervention of Right

279

(2)

Permissive Intervention

281

(1)

Comparing Intervention of Right and Permissive Intervention

282

(1)

Class Actions

283

(15)

Class Actions Under Rule 23

284

(1)

Prerequisites

284

(4)

Reconciling Judicial Economy and Public Law Enforcement in (b)(3) Class Actions

288

(1)

Class Actions in Federal and State Court

289

(1)

Comparative Availability of Federal and State Class Actions

289

(1)

Problems Small-Claim, Large-Class Actions Pose in Federal Court

290

(5)

Due Process Requirements Common to Federal and State Class Actions

295

(2)

Recent Developments in Complex Litigation --- Will the Importance of Class Actions Diminish?

297

(1)

Consolidating Cases --- Current Law and Possibilities for the Future

298

(5)

Current Law

298

(1)

Intradistrict Consolidation --- Rule 42(a)

298

(1)

Federal Multidistrict Litigation Under Section 1407

299

(1)

Possibilities for Sweeping Consolidation --- The Complex Litigation Proposals

300

(3)

Discovery

Overview

303

(3)

PART A Scope of Discovery

In General

306

(1)

The Fading Federal Presumption of Discoverability

306

(7)

Relevant to the Claim or Defense of Any Party

306

(3)

Reasonably Calculated to Lead to the Discovery of Admissible Evidence

309

(1)

Examples and Problem Areas

309

(1)

Information Already in the Discoverer's Possession

309

(1)

Impeachment Material

310

(1)

Opinions and Contentions

311

(1)

Insurance and Other Information About Financial Assets

311

(1)

Electronic Information

312

(1)

The Non-Discoverability of Privileged Matter

313

(1)

Work Product

314

(10)

Hickman v. Taylor and Work Product Immunity

315

(2)

Defining Work Product

317

(1)

Documents and Tangible Things

318

(1)

Prepared in Anticipation of Litigation or for Trial

319

(2)

By a Party or His Representative

321

(1)

Asserting the Qualified Immunity

321

(1)

Overcoming the Qualified Immunity

321

(1)

Witness Statements Requested by the Witness

321

(1)

Factual Work Product

322

(1)

Opinion Work Product

323

(1)

Experts

324

(3)

In General

324

(1)

Testifying Experts

325

(1)

Retained or Specially Employed Non-Testifying Experts

326

(1)

PART B Mechanics of Discovery

Required Disclosures and Other General Mechanics

327

(6)

Mandatory Discovery Conference and Discovery Plans

327

(1)

Required Disclosures

328

(1)

Initial Disclosures

328

(1)

Pretrial Disclosures

329

(1)

An Assessment of Required Disclosure

330

(2)

Supplementation of Discovery

332

(1)

Depositions

333

(4)

Procedure for Taking

333

(3)

Use and Value of Depositions

336

(1)

Interrogatories

337

(3)

Procedure for Asking

337

(2)

Use and Value of Interrogatories

339

(1)

Production and Entry Requests

340

(2)

Procedure for Making

340

(2)

Use and Value of Production and Entry Requests

342

(1)

Physical and Mental Examinations

342

(3)

Procedure for Taking

342

(3)

Use and Value of Physical and Mental Examinations

345

(1)

PART C Control of Discovery

The Abuse of Discovery

345

(2)

Front-End Controls: Preventing the Abuse of Discovery

347

(7)

Certification Requirements

348

(1)

Managerial Orders

349

(2)

Protective Orders Against Specific Hardship

351

(3)

Back-End Controls: Sanctions

354

(5)

The Predicate for Sanctions

354

(2)

The Nature and Incidence of Sanctions

356

(3)

Disposition Without Trial

Overview

359

(1)

Default

359

(3)

Default and Its Entry

360

(1)

Entry of Default Judgment

360

(2)

Summary Judgment

362

(20)

Purposes

362

(1)

Procedure

363

(1)

Initial Motion

363

(2)

Responses to the Motion

365

(3)

Disposition and Appeal

368

(1)

The Standard for Summary Judgment

369

(1)

In General

369

(4)

Relationship to Trial Burdens

373

(3)

Particular Issues: Credibility and State of Mind

376

(2)

Assessment

378

(4)

Dismissal or Nonsuit

382

(4)

Voluntary Dismissal or Nonsuit

382

(2)

Involuntary Dismissal or Compulsory Nonsuit

384

(2)

Alternative Dispute Resolution

386

(3)

Trial and Post-Trial Motions

Overview: The Trial Process

389

(6)

Setting the Case For Trial

389

(1)

Final Pretrial Conference

389

(1)

Jury Selection

390

(1)

Opening Statements

391

(1)

Presentation of Plaintiff's Case-in-Chief

391

(1)

Mid-Trial Motion for Directed Verdict, Involuntary Dismissal or Judgment as a Matter of Law

391

(1)

Presentation of Additional Evidence

392

(1)

Motions at the Close of All the Evidence

392

(1)

Closing Argument

392

(1)

Instructions to the Jury

393

(1)

Jury Deliberation and Verdict

393

(1)

Challenges to Verdict and the Entry of Judgment

393

(1)

Other Post-Trial Motions

394

(1)

PART A Narrowing Issues and Allocating Burdens

Requests for Admissions

395

(2)

Procedure for Requesting Admissions

395

(2)

Use and Value of Requests for Admissions

397

(1)

Pretrial Conference

397

(9)

Purposes

397

(1)

Managerial Purposes

398

(1)

Facilitating Settlement

398

(3)

Assessment

401

(1)

Procedures for Pretrial Conferences

401

(2)

The Pretrial Order and Its Effect

403

(3)

Burden of Proof

406

(6)

In General

406

(1)

The Burden of Production

407

(2)

The Burden of Persuasion

409

(1)

Presumptions

410

(2)

PART B Trial and Judgment

Overview

412

(1)

The Tactical Decision Whether to Demand a Jury Trial

412

(2)

Obtaining Jury Trial

414

(7)

The Right to Trial by Jury: The Federal Model

414

(6)

Claiming a Jury Trial

420

(1)

Judge-Jury Interaction; Verdicts

421

(5)

Allocating Issues Between Judge and Jury --- An Overview

421

(1)

Evidentiary Controls

422

(1)

Instructing the Jury

423

(2)

Verdicts

425

(1)

Taking the Case From the Jury: Motions for Judgment as a Matter of Law and for New Trial

426

(14)

Directed Verdicts and Judgments N.O.V. Rephrased as Judgments as a Matter of Law

426

(1)

The Theoretical Justification for Court Intervention in Jury Cases

427

(1)

The Legal Standard Governing Directed Verdicts and Judgments N.O.V.

428

(1)

New Trial Motions

429

(1)

In General

429

(1)

Evaluative Errors: Verdicts That Are Excessive, Inadequate, Or Otherwise Against the Weight of the Evidence

429

(3)

Process Errors

432

(1)

The Interplay of Directed Verdicts and Judgments N.O.V. With Other Procedural Law

433

(1)

The Consistency of Directed Verdicts and Judgments N.O.V. With the Right to Jury Trial

433

(2)

How Directed Verdicts and Judgments N.O.V. Complement Each Other

435

(1)

The Relationship of Directed Verdicts and Motions for Judgments N.O.V. to Motions for Deciding Cases in Lieu of Trial

436

(2)

The Interrelationship of Post-Trial Motion Practice and Dispositions on Appeal

438

(2)

Bench Trials (Non-jury Cases)

440

(2)

Judgments

442

(3)

The Nature and Force of Judgments

442

(1)

Resisting Judgments

442

(1)

Collateral Attack

443

(1)

Extraordinary Relief

443

(1)

Amendment

444

(1)

Appeal

PART C

Overview

445

(1)

PART A When? Appealability

Appealability In General

446

(1)

Final Judgment Rule

447

(4)

In General

447

(2)

Finality in Multi-Claim and Multi-Party Cases

449

(2)

Statutory Interlocutory Appeal

451

(5)

Statutory Interlocutory Appeal As of Right

451

(2)

Statutory Interlocutory Appeal By Permission

453

(1)

Extraordinary Statutory Review: Mandamus and Prohibition

454

(2)

Judge-Made Exceptions to the Final Judgment Rule

456

(4)

Collateral Order Doctrine

456

(3)

Other Judge-Made Exceptions

459

(1)

PART B Where and How? Perfecting Appeal

Appellate Systems

460

(1)

Procedural Steps in Perfecting Appeal

461

(2)

PART C What and How Much? The Scope and Intensity of Review

Scope of Review --- Reviewability

463

(5)

Prejudicial Effect

463

(2)

Preservation Below

465

(2)

Presentation Above

467

(1)

Intensity of Review

468

(11)

In General

468

(3)

The Principal Federal Standards of Review

471

(1)

De Novo --- Questions of Law

471

(2)

Clearly Erroneous --- Findings by the Court

473

(2)

Reasonableness --- Findings by the Jury and Some Administrative Agencies

475

(1)

Abuse of Discretion --- Discretionary Orders

475

(1)

No Review --- Selective Findings by Administrative Agencies

476

(3)

Remedies

Damages; Scope of Monetary Recovery

479

(3)

Compensatory, Punitive, and Nominal Damages

479

(2)

Added Elements in Financial Awards --- Costs, Expenses, and Attorney's Fees

481

(1)

Enforcing Money Judgments

482

(1)

Equitable Relief; Injunctions

482

(4)

The Shape of Equitable Discretion

483

(1)

Procedure for Obtaining and Enforcing Injunctions

484

(2)

Declaratory Relief

486

(3)

Nature of Declaratory Relief

486

(1)

The Federal Model

486

(3)

Respect for Final Judgments

Overview

489

(4)

Policies That Define and Limit Preclusion

489

(1)

Contemporary Developments

490

(1)

The Restatement (Second) of Judgments

490

(1)

Changes in Res Judicata Terminology

490

(1)

The Trend of Increased Preclusion

491

(1)

Litigation Perspectives --- Offensive and Defensive Preclusion

492

(1)

Preclusion Essentials

492

(1)

Claim Preclusion

492

(1)

Issue Preclusion

492

(1)

PART A Claim Preclusion

Preclusion When Original And Successive Claims (or Defenses) Are Identical; Dynamics of Judgment Enforcement

493

(2)

Preclusion When Original and Successive Claims (or Defenses) Are Not Identical

495

(8)

How and Why Non-identical Claims are Precluded

495

(1)

The Emergence of § 24 of the Restatement (Second) of Judgments

496

(2)

Defendant's Preclusion and Preclusion By Rule

498

(2)

Variations from the Norm --- Theories of Lesser and Greater Claim Preclusion

500

(1)

Lesser Preclusion --- Claim-Splitting in Accident Cases

500

(1)

Greater Preclusion --- Claim Preclusion Unlimited by the Nature of the Claim Presented in the First Case, Or by Concerns of Foreseeability

501

(2)

The Identity-of-Parties Requirement

503

(2)

The Relation Between the Identity-of-Parties Requirement and Limitation of Claim Preclusion to the Same Claim

503

(1)

The Claim-Preclusive Effect of Judgments Upon Those in Close Relation to Parties

504

(1)

The Judgment Must Be Final and On the Merits

505

(1)

PART B Issue Preclusion

Issue and Claim Preclusion Compared

506

(2)

How Issue Preclusion Supplements Claim Preclusion

506

(1)

How Guarantees of Procedural Fairness Limit Each Doctrine

507

(1)

The Same Issue Must Have Been Litigated, Determined and Necessary to the Judgment in the Prior Case

508

(5)

The Identity-of-Issues Requirement

508

(1)

The Issue Must Have Been Litigated and Determined in the Prior Case

509

(1)

Determination of the Issue Must Have Been Necessary to Judgment

510

(1)

The Function and Purpose of the Rule

510

(1)

Alternative Determinations

511

(2)

Application of Issue Preclusion Must Be Fair in the Given Case

513

(1)

Who Can Bind and Be Bound by Issue Preclusion?

513

(6)

The General Rule Against Binding Those Who Were Strangers to the Prior Adjudication

513

(2)

When Strangers to the Prior Adjudication May Bind Those Who Were Parties

515

(1)

The Decline of the Mutuality Doctrine

515

(1)

Limits on Courts' Discretion to Invoke Nonmutual Issue Preclusion

516

(3)

PART C Inter-System Preclusion

Intramural and Inter-System Preclusion Compared

519

(1)

The Federal Full Faith and Credit Obligation that Judgments be Given as Much Effect as They Would Have Where Rendered

520

(5)

Preserving the Preclusive Effect of State Judgments in Sister-State Courts

521

(1)

Preserving the Preclusive Effect of State Judgments in Federal Court

522

(2)

Preserving the Preclusive Effect of Federal Judgments in Other Federal Courts

524

(1)

Preserving the Preclusive Effect of Federal Judgments in State Courts

525

(1)

Are Other Courts Free to Give Judgments More Effect Than They Would Have Where Rendered?

525

(3)

May Federal Courts Give Greater Effect to State Judgments?

526

(1)

May State Courts Give Greater Effect to Sister-State Judgments?

527

(1)

Why the Greater-Preclusion Issue Will Rarely Arise Concerning Federal Judgments

527

(1)

The Special Problem of Foreign-Country Judgments in State and Federal Courts

528

(2)

PART D Beyond Preclusion: Additional Doctrines of Repose

Stare Decisis

530

(4)

The Nature of the Doctrine

530

(1)

The Scope of Stare Decisis

531

(1)

Boundaries Set by Legal Analysis

531

(1)

Boundaries Set by Judicial Structure

532

(2)

Law of the Case

534

(1)

Inconsistent Factual Positions --- Judicial Estoppel

535

Table of Cases

(1)

Table of Authorities

(1)

Table of Statutes and Rules

(1)

Index

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Understanding Civil Procedure

Table of Contents

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