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There are two types of Civil Procedure students —— those who use Glannon's helpful paperback and those who end up wishing they did. This phenomenally popular paperback text entered its Third Edition with the unqualified endorsement of students who consider it a survival guide and teachers who recognize it as a worthy partner to any casebook. In the hallmark Examples & Explanations Series style, the book follows a consistent format: each chapter contains explanatory text followed by questions which test student understanding, which are in turn followed by suggested answers.While preserving his distinctive style and approach, Glannon's revisions reflect recent case law and changes in the Rules, such as: —service of process (Rule 4) —venue —an enhanced section on discovery including two new chapters address the scope of discovery under Rule 26 and the major tools of discovery CIVIL PROCEDURES: Examples and Explanations, Third Edition emphasizes personal and subject matter jurisdiction, res judicata, and collateral estoppel. Six full chapters illustrate pleadings and motions, with thorough explanation for the lawyers' strategy. To show how doctrines operate in relation to one another, several chapters compare and contrast related doctrines, such as: —joinder and jurisdiction —judgment n.o.v. —res judicata and joinder Glannon also explains corollaries and qualifications of the doctrine, and offers an unmatched treatment of Erie. By taking an unpretentious approach to civil procedure and using humor and historical names where appropriate, Glannon puts complex concepts within reachof the typical student.Table of ContentsPreface to StudentsAcknowledgementsSpecial NoticePART ONE: CHOOSING A PROPER COURT1. Personal Jurisdiction: The Enigma of Minimum Contacts2. Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long—Arm3. Seeking the Home Field Advantage: Challenges to Personal Jurisdiction4. Diversity Jurisdiction: When Does Multiplicity Constitute Diversity?5. Personal and Subject Matter Jurisdiction Compared: The First Two Rings6. Second—Guessing the Plaintiff's Choice of Forum: Removal7. Proper Venue in Federal Courts: A Rough Measure of Convenience8. Choosing a Proper Court: The Three Rings ReconsideredPART TWO: STATE LAW IN FEDERAL COURTS9. Easy Erie: The Law of Rome and Athens10. Eerie Erie: The Substance/Substance Distinction11. Erie and State Choice of Law: Vertical Uniformity and Horizontal ChaosPART THREE: THE SCOPE OF THE ACTION12. Sculpting the Lawsuit: The Basic Rules of Joinder13. Into the Labyrinth: Joinder of Parties under Rule 1414. Jurisdictional Fellow Travelers: Supplemental Jurisdiction15. Jurisdiction vs. Joinder: The Difference between Power and PermissionPART FOUR: STEPS IN THE LITIGATION PROCESS16. The Bearer of Bad Tidings: Service of Process in the Federal Courts17. Getting Off Easy: The Motion to Dismiss18. The Scope of Discovery: The Rules Giveth, and the Rules Taketh Away19. Tools of the Trade: Basic Methods of Discovery20. Defective Allegation or Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment21. The Judge and the Jury, Part One: Judgment as a Matter of Law (Directed Verdict)22. The Judge and the Jury, Part Two: Whose Case Is This, Anyway?PART FIVE: THE EFFECT OF THE JUDGEMENT23. Res Judicata: The Limits of Procedural Liberality24. Res Judicata and the Rules of Joinder: When Does May Mean Must?25. Collateral Estoppel: Fine—Tuning the Preclusion Doctrine26. The Obscure Kingdom: Nonmutual Collateral EstoppelPART SIX: THINKING PROCEDURALLY: THE RULES IN ACTION27. An Introduction to Pretrial Litigation: Setting the Stage for the Schulansky Case28. First Moves: Schulansky Goes to Court29. A Change of Forum: Ronan Removes to Federal Court30. The Defendant's Perspective: Ronan's Answer and Counterclaim31. Chain Reaction: Ronan Brings in Jones32. Preliminary Objections: Jones Seeks a Way Out33. A Tactical Dilemma: Ronan's Motion for Summary JudgmentIndex
Table of ContentsTable of ContentsPreface to Students
Acknowledgements
Special Notice
PART ONE: CHOOSING A PROPER COURT
1. Personal Jurisdiction: The Enigma of Minimum Contacts
2. Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long-Arm
3. Seeking the Home Field Advantage: Challenges to Personal Jurisdiction
4. Diversity Jurisdiction: When Does Multiplicity Constitute Diversity?
5. Personal and Subject Matter Jurisdiction Compared: The First Two Rings
6. Second-Guessing the Plaintiff’ s Choice of Forum: Removal
7. Proper Venue in Federal Courts: A Rough Measure of Convenience
8. Choosing a Proper Court: The Three Rings Reconsidered
PART TWO: STATE LAW IN FEDERAL COURTS
9. Easy Erie: The Law of Rome and Athens
10. Eerie Erie: The Substance/Substance Distinction
11. Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos
PART THREE: THE SCOPE OF THE ACTION
12. Sculpting the Lawsuit: The Basic Rules of Joinder
13. Into the Labyrinth: Joinder of Parties under Rule 14
14. Jurisdictional Fellow Travelers: Supplemental Jurisdiction
15. Jurisdiction vs. Joinder: The Difference between Power and Permission
PART FOUR: STEPS IN THE LITIGATION PROCESS
16. The Bearer of Bad Tidings: Service of Process in the Federal Courts
17. Getting Off Easy: The Motion to Dismiss
18. The Scope of Discovery: The Rules Giveth, and the Rules Taketh Away
19. Tools of the Trade: Basic Methods of Discovery
20. Defective Allegation or Insufficient Proof?: Dismissal for Failure toState a Claim Compared to Summary Judgment
21. The Judge and the Jury, Part One: Judgment as a Matter of Law (Directed Verdict)
22. The Judge and the Jury, Part Two: Whose Case Is This, Anyway?
PART FIVE: THE EFFECT OF THE JUDGEMENT
23. Res Judicata: The Limits of Procedural Liberality
24. Res Judicata and the Rules of Joinder: When Does May Mean Must?
25. Collateral Estoppel: Fine-Tuning the Preclusion Doctrine
26. The Obscure Kingdom: Nonmutual Collateral Estoppel
PART SIX: THINKING PROCEDURALLY: THE RULES IN ACTION
27. An Introduction to Pretrial Litigation: Setting the Stage for the Schulansky Case
28. First Moves: Schulansky Goes to Court
29. A Change of Forum: Ronan Removes to Federal Court
30. The Defendant’ s Perspective: Ronan’ s Answer and Counterclaim
31. Chain Reaction: Ronan Brings in Jones
32. Preliminary Objections: Jones Seeks a Way Out
33. A Tactical Dilemma: Ronan’ s Motion for Summary Judgment
Index
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Civil Procedure: Examples & Explanations