Cases and Materials on Civil Procedure
Files
Description
Organization and Methodology. This book is mostly traditional in approach. It is organized along the lines of the events in a lawsuit, beginning with service of process and establishment of the court’s jurisdiction, and proceeding through post-trial motions and appeals. For the most part, it uses the traditional case method. Law professors will recognize most of the “old favorite” cases, including venerable decisions such as Pennoyer v. Neff, modern classics such as Burger King Corp. v. Rudzewicz, and many others in between. Special Features. An Introduction to the Practice of Civil Litigation through Actual Litigation Documents. In addition to traditional case materials, the book include documents from actual litigation. Complaints and answers, motions, briefs, orders, and in the discovery chapter, a short deposition, are all excerpted for the student to see and study. We also have a set of self-initiated disclosures adapted from a real case. In some instances, a series of related papers tells the story of the underlying litigation. For example, Chapter 2 ends with an appendix containing all of the major papers in a typical forum contest. Likewise, Chapter 9 contains the documents presented by both sides in a typical summary judgement proceeding. (We also think students will be fascinated with Chapter 10, which contains excerpts from the jury selection, court’s charge, and final arguments in Pennzoil Co. v. Texaco Inc.—the case that produced the largest jury verdict in history.) These materials are integrated with traditional appellate opinions, so that the skills the student develops through the case method can also be used to analyze the practice documents. We believe these “real world” materials will help the student to understand the theory of civil procedure better, as well as providing insight into what litigators do. “Improving the Systems”: Introducing Theoretical Issues at the Cutting Edge of the Law, Including Alternate Dispute Resolution. We would not be content, however, with introducing the student to current practice. A good lawyer needs to be able to grow with the law. In fact, he or she needs to think ahead of the current state of the law. Therefore, we have included sections in most chapters entitled “Improving the System.” We think these sections will help the student to think critically about current practice, and although the issues in the “Improving the System” section usually will have been raised earlier in the chapter, there is a benefit in looking at proposed improvements as a group. Our experience indicates that this method encourages deeper thought about the purposes of the Rules of Civil Procedure. A “User Friendly” Book. Above all, we have tried to produce a book that makes the fundamental easy for the student to grasp. Although Civil Procedure may be the most difficult course in the first-year curriculum (we have no illusions of making it truly simple), we have done our best to make our book “user friendly.” For example, particularly difficult cases are preceded by notes entitled “How to Read this Case.” The cases are edited with student comprehension in mid, and explanations of difficult principles are inserted in brackets. In a few instances, difficult cases are precede by problems designed to prepare the student in advance. Our notes and questions are self-contained; they do not require the student to consult outside sources. Our philosophy is that is it best for the student to come to class having actually understood the material in the book. The class then does not need to consist solely of helping to get across the basics, and the professor can raise more interesting issues. Supplementation of Traditional Federal Materials With an Introduction to Differing State Practices; Use of California, New York, and Texas as “Benchmark” States. It is traditional to emphasize the federal system in a beginning course in Civil Procedure. This book follow that emphasis. It provides the basis for a thorough understanding of the Federal Rules of Civil Procedure. One unique feature of the book, however, is that we have supplemented this fundamental federal emphasis with a brief look at the analogous procedures of three benchmark states: California, New York, and Texas. We selected these states because they do not follow the federal rules as closely as other states. Hence, comparative analysis is encouraged. In every chapter, the treatment of state practice is brief and does not detract from the major purpose of teaching the federal rules. We believe that an introduction to these benchmark states’ rules will stimulate deeper thought about the advantages and disadvantages of the federal rules.
Publication Date
1987
Edition
1
Recommended Citation
Crump, David; Dorsaneo, William V. III; Chase, Oscar G.; and Perschbacher, Rex R., "Cases and Materials on Civil Procedure" (1987). Faculty Books & Edited Works. 93.
https://gretchen.law.nyu.edu/fac-books-edited-works/93
