Civil Procedure —— Theory and Practice

----- 民事诉讼：理论与实践

ISBN: 9781454875734 出版年：2018 页码：1,272 Silberman, Linda J Stein, Allan R Aspen Publishers

Civil Procedure: Theory and Practice, Third Edition, offers comprehensive coverage that integrates a Socratic approach to doctrinal analysis with contextual strategic lawyering perspectives--and the opportunity to explore challenging theoretical questions. A highly effective pedagogical innovation--the "Anatomy of a Litigation" case study chapter--leads students through the litigation process, using landmark cases as teaching tools. Students apply strategy and theory to gain a deeper understanding of the connections between the classroom and the courtroom. Helping students to recognize the importance of civil procedure in litigation, authors Silberman, Stein, and Wolff provide: traditional doctrinal analysis and the Socratic Method introductory text, examples, and hypotheticals that prepare students to analyze cases and understand theory and strategy a helpful overview, in the first chapter, of the entire litigation process--exemplified by landmark case "N.Y. Times v. Sullivan"--and incorporating real pleadings and discovery materials to introduce the basic elements of civil litigation "Anatomy of a Litigation"--a case study chapter that leads students systematically through the litigation process from pleadings to verdict, requiring students to apply theory and strategy to a factually complex tort case comprehensive coverage that includes in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution clear and straightforward introductions to cases that provide background and facilitate analysis Notes and Questions that frame deep, conceptual issues and provide the beginning of the answer as a starting point from which to develop strategic and critical thinking skills incisive selection of both leading and high-interest cases balanced case editing that includes lightly edited cases for analysis and tightly edited cases to cover more conceptual ground and exemplify strategic objectives a flexible organization that is readily adapted to a variety of teaching goals a detailed Teacher's Manual that includes suggestions for structuring the course and sample syllabi The timely Third Edition features: the Restyled Federal Rules of Civil Procedure, fully incorporated into the book and including annotations to principal cases where Rule language requires updating a thorough treatment of pleading developments under the Supreme Court's landmark decision in" Bell Atlantic v. Twombly"--a watershed case in federal civil practice expanded discussion of the preclusion doctrine, including the Supreme Court's decision on the issue of "virtual representation" and the implications of that decision for the foundations of preclusion updated coverage of alternative dispute resolution that draws on empirical and multidisciplinary literature recent developments in class action litigation and the explosion of lower-court rulings since passage of the Class Action Fairness Act of 2005 increased comparative and transnational perspective, particularly in the jurisdiction and recognition of judgments *A Teacher's Manual may be available for this book. Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or legaledu@wolterskluwer.com.