Civil Procedure: Cases and Problems

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This casebook covers all topics in the first-year canon of civil procedure, and some topics in advanced litigation classes (e.g., class actions, appeals). It is organized with the reality and complexities of civil litigation in mind, and follows the litigation sequence, from pleading through preclusion. Each chapter takes a practical as well as analytical approach, through (a) a series of Supreme Court and lower court opinions, (b) notes preceding and following those opinions intended to explain the underlying doctrines and principles behind them, and (c) problems intended to assess and refine students’ understanding of doctrines and their rationales. Ultimately, this casebook demands that students read carefully and at a detailed level, analyze critically, and apply the law from the perspective of the theories underlying the various doctrines. It provides an effective vehicle through which to teach legal analysis and to gently nudge students forward and deeper into the materials.

New to the 6th Edition:

• The 6th edition has been streamlined—about 13% shorter
• It includes:
  • An introductory overview of the litigation process
  • Relevant Supreme Court decisions up through the close of the October 2021 Term
  • Updated lower court opinions
  • New and revised Problems

Benefits for instructors and students:

• The inclusion of over 200 problems, including detailed review problems at the end of each chapter
• Progressive coverage of doctrine that takes the students from the basics to a more sophisticated appreciation of the principles and the theories
• An organization that is designed to promote learning and a full appreciation of the law of procedure
• Annual statutory and case supplement
• A demanding and analytical approach to the first-year procedure canon