Litigating in America: Civil Procedure in Context
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Explains American civil litigation and procedure and the social/historical/economic context out of which it evolved;
Explores the major themes underlying American legal institutions and civil litigation;
Captures American civil process at a crucial time of change in the early twenty-first century;
Highlights the interplay between legal rules, doctrine, practice, and culture;
Covers all stages of civil litigation through the use of one hypothetical litigation;
Provides data and results of empirical studies to dispel myths about American civil litigation;
Presents the American legal system within a global context;
Is accessible to a wide range of audiences, including American and foreign law students, lawyers, judges, undergraduates, and graduates who want to understand American civil litigation and law.
Table of Contents includes:
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.
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|Edition||1st ed., 2006|