Civil Procedure: Cases and Materials
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Description
This Compact Thirteenth Edition is designed to meet the needs of those teaching Civil Procedure courses shorter than the traditional assignment of three hours for each of two semesters. It responds to suggestions and requests that a book of this type be made available. The authors continue to believe that the larger Comprehensive Thirteenth Editions will prove advantageous for many teachers who have sorter courses of four or even three hours because it provides the maximum flexibility in terms of an individual classroom’s coverage, depth, sensibility, and emphasis. With that in mind, we have included material in the Compact Thirteenth Edition that expands the range of choices available to you. The Compact Thirteenth Edition offers an up-to-date and accessible approach to the study of Civil Procedure. Students tend to find Civil Procedure. Students tend to find Civil Procedure the most mysterious of their law school courses. Our goal is to present the material in a clear and simple environment, yet one that challenges and stimulates the student toward increasing critical understanding. This revised edition reflects up-to-date amendments to the Federal Rules of Civil Procedure, as well as the latest Supreme Court cases involving subject-matter jurisdiction, personal jurisdiction, and other topic pertinent to the first-year course. The edition addresses not simply doctrinal change, but also the still uncertain effects of new technology, globalism, and privatization on the system of civil justice. The edition also responds to the many helpful comments from judges, practitioners, colleagues, and students at the large number of schools in which earlier editions have been used. Our conversations confirm our own conclusion that the book is and will continue to be a highly successful teaching tool, and we have preserved in this volume the basic format of the prior edition. Along with traditional material, we include contemporary cases in which the facts are interesting, the conflicting policies seem to be in a state of equilibrium or context has extrinsic fascination, rather than materials that offer a tight monograph on various aspects of procedure. As has been the practice with all of the past editions, this Compact Thirteenth Edition offers substantial emphasis on the operation of the Federal Rules and draws comparisons with state and international practice. The materials in this volume refer to and are augmented by a Supplement, which contains not only the federal statutes and rules governing procedure, but also selected state provisions for comparison. A number of other materials, such as Advisory Committee notes, proposed rule alterations, and local court rules, also are included. The Supplement contains a litigation flow chart and an illustrative litigation problem, showing how a case develops in practice and samples of the documents that actually might have formed a portion of the record. These samples are not designed as models to be emulated. To the contrary, they often contain defects intended to encourage criticism from students in light of knowledge they have obtained from the cases and classroom discussion. The Supplement also includes complaints from two principal cases and one note case. The cases and excerpts from other materials have been edited carefully to shorten them and to clarify issues for discussion. With regard to footnotes, the same numbering appears in the casebook as appears in the original sources; our footnotes are indicated by letters. Our omissions are indicated with asterisks, and where there might be any ambiguity, we provide clarifying information in the footnote.
Publication Date
2022
Edition
Compact 13 for Shorter Courses
Recommended Citation
Friedenthal, Jack H.; Miller, Arthur R.; Sexton, John E.; Hershkoff, Helen; Steinman, Adam N.; and McKenzie, Troy A., "Civil Procedure: Cases and Materials" (2022). Faculty Books & Edited Works. 380.
https://gretchen.law.nyu.edu/fac-books-edited-works/380
