Litigating in America: Civil Procedure in Context

by Stephen N. Subrin, Margaret Y.K. Woo

Overview

Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.

Product Details

ISBN-13:	9780735552661
Publisher:	Wolters Kluwer Law & Business
Publication date:	04/13/2006
Series:	Aspen Coursebook Series
Pages:	320
Product dimensions:	7.00(w) x 10.00(h) x (d)

Table of Contents

• The American Legal System: Distrust and Dispersing Power
• The Adversary System and the Legal Profession
• History of American Civil Procedure: Rule and Narrative, Law and Equity
• An American Civil Litigation from Beginning to End
• Divided Authorities: Jurisdiction, Venue, Notice, and Choice of Law
• Thinking Like an American Lawyer: Burdens of Proof, Pleadings, and a Lawyer's Obligation
• Discovery and Case Management
• Adjudication Without Trial: Dispositive Motions
• Joinder and Class Actions
• Public Adjudication, Private Resolution, and the Alternative Dispute Resolution Movement
• Trials and Juries
• The Quest for Finality: Preclusion, Appeals, and Enforcement of Judgments