Civil Litigation in New York
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Description
Our aim in preparing this book has been to give the student the materials necessary to achieve a sophisticated understanding of litigation in the New York court system, emphasizing practice in the Supreme Court. The second edition of Civil Litigation in New York retains the transactional approach used in the first. The organization of the chapters follows, to the extent feasible the usual development of an action as experienced by counsel. While this approach give the student a way of fitting each piece into a cognizable whole, it should not suggest invariability. In our own teaching we ask our students to confront the choices available to the parties at each stage and to analyze the reasons for choosing one path over another. We have again intersperse litigation problems throughout the book designed to encourage the student to read the surrounding material carefully. Often discussion of a problem will highlight ambiguity in doctrine which purports to be straightforward. Evaluation of competing approaches should call for reference to underlying policy and value assumptions. The student (and teacher) will then be encouraged to think about the values that a procedural system can and should serve. Reflecting the many legal developments in the past six years, as well as our own ambition to improve the book, the second edition include much new material. The chapter on personal jurisdiction has been particularly affected by the close attention the Supreme Court of the United States has paid to the area. We found that these cases worked best when folded into the subdivisions of personal jurisdiction doctrine, rather than as a separate treatment of constitutional issues. We have broadened the scope of the book as well, most notably by the addition of new chapters on appeals and enforcement of judgments. As with the preparation of any casebook, we faced many difficult decisions of inclusion and exclusion. We hope we have struck the right balance between preservation and dynamism.
Publication Date
1990
Edition
2
Recommended Citation
Chase, Oscar G. and Barker, Robert A., "Civil Litigation in New York" (1990). Faculty Books & Edited Works. 91.
https://gretchen.law.nyu.edu/fac-books-edited-works/91
