Civil Procedure: A Modern Approach

Author: Richard L. L. Marcus
Published: June 2000
Publisher: West Group
ISBN: 0314241213
Hardcover Book
Number of Pages: 1203

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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.

Table of Contents
Preface
Using WESTLAW To Help You Understand Civil Procedure
Table of Cases
Table of Secondary Authorities
Ch. I Choosing a System of Procedure 1
Ch. II The Rewards and Costs of Litigation - Of Remedies and Related Matters 26
Ch. III Describing and Defining the Dispute 114
Ch. IV Establishing the Structure and Size of the Dispute 211
Ch. V Obtaining Information for Trial 310
Ch. VI Adjudication Before Trial: Summary Judgment 399
Ch. VII Judicial Supervision of Pretrial and Promotion of Settlement 441
Ch. VIII Trial 496
Ch. IX Choosing the Forum - geographical Location 666
Ch. X Choosing the Forum - State v. Federal Court 837
Ch. XI Choosing the Law to Be Applied in Federal Court 914
Ch. XII Appeals 1008
Ch. XIII Preclusive Effects of Judgments 1091
Index 1179

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