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Table of Contents Preface Introduction: How This Book Will Help You Learn Civil Procedure Chapter 1: Designing a Procedural System Design Questions The Point of Adjudication Two Models for Adjudication: Inquisitorial and Adversarial A Brief History of Civil Procedure Our English Heritage Transplantation and Growing Dissatisfaction The Federal Rules of Civil Procedure The Principles of Procedure Chapter 2: The Adversarial System The Procedural Consequences of an Adversarial System The Roles of the Judge, the Parties, and the Lawyers The Structure of Legal Processes The Dialectical Form of Litigation Notice and the Opportunity to Be Heard Joinder and the Binding Effect of Judgments The Constitutional Status of the Adversarial System The Advantages and Disadvantages of the Adversarial System Ongoing Reforms in American Adversarial Process Changes in Rule 11 Changes in Discovery The Addition of Mandatory Disclosure Case Management The Adversarial System in Context Chapter 3: Jury Trial The Jury's Function The Right to a Jury Trial The Jury=s Influence on American Procedure Juries and the Distribution of Adjudicatory Power The Structure of Pretrial and Trial Jury Control The Motion for a New Trial The Motion for Judgment as a Matter of Law and the Renewed Motion for Judgment as a Matter of Law The Motion for Summary Judgment The Controversial Jury The Vanishing Jury Chapter 4: Accuracy The Meaning of "Accuracy" Designing a Pretrial Process to Resolve Cases Accurately The American Pretrial Process Pleading: Giving Notice The Complaint The Answer Amendments Disclosure and Discovery: Developing the Facts and the Law The Mechanics of Disclosure and Discovery Mandatory Disclosure Party-Initiated Discovery Devices The Scope of Discovery Issue-Narrowing Devices Judicial Discretion The American Pretrial Process in Context Chapter 5: Procedural Fairness The Floor: Constitutional Due Process Jurisdictional Power Personal Jurisdiction Choice of Law Notice and the Opportunity to Be Heard Notice Opportunity to Be Heard Understanding Due Process The Furniture: The Federal Rules of Civil Procedure Jurisdiction and Notice Notice Pleading Other Fairness Concerns Arising Under the Federal Rules Class Actions Chapter 6: Efficiency A Formal Theory of Procedural Efficiency The Meaning of Efficiency in American Procedure Venue Appeal and Finality Alternative Dispute Resolution Efficiency in Context Chapter 7: Transactionalism Joinder and Preclusion Rules Claims Parties Permissive Party Joinder: Rule 20 Impleader: Rule 14 Mandatory Party Joinder: Rule 19 Intervention: Rule 24 Class Actions: Rule 23 Parties and Claims Together Subject Matter Jurisdiction Amended Pleadings and Relation Back Concluding Thoughts Chapter 8: Federalism A Brief History of Judicial Federalism Judicial Federalism and Civil Procedure: How It Matters Subject Matter Jurisdiction of the Federal Courts Diversity Jurisdiction Federal Question Jurisdiction Personal Jurisdiction Choice of Law Concluding Thoughts Chapter 9: Epilogue: Beyond Civil Procedure Endnotes Glossary Index
Library of Congress Subject Headings for this publication:
Civil procedure -- United States.