Civil Procedure

The Center for Computer-Assisted Legal Instruction (CALI) hosts and facilitates the creation of CALI Lessons, a library of over 950 interactive legal tutorials written by law professors and geared towards law students. CALI is a 501(c)(3) non-profit consortium of law schools, law libraries and related organizations. Almost every United States law school is a member of CALI and they make up the bulk of our membership.

This course examines the fundamental stages of litigation, including how to determine the proper jurisdiction and venue; how to commence a lawsuit; managing claims and parties to a lawsuit; and how to gather evidence from the opposition through discovery.

Moving beyond the outline format used by most students, this book uses a checklist format to lead students through the questions they need to ask and answer to fully analyze the legal questions they are trying to resolve. It assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but this book offers a systematic approach to problem solving.

This outline summarizes the black-letter rules of civil procedure. It covers general considerations, litigating step-by-step, authority to adjudicate, complex litigation, governing law, and former adjudication. It allows students to understand how their course materials fit together, doing so by conveying a conception of civil procedure–the relationships among the ideas and the law that constitute the subject. This book is carefully designed and written as a study aid in preparing for classes and as a review aid in studying for examinations, containing all the many special features that characterize the highly successful Black Letter Series of books, such as a glossary and sample examination questions and answers.

Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and a review of the subject matter when studying for an examination. This outline covers: structure of the judicial system; choosing the forum - personal jurisdiction; choosing the forum - subject matter jurisdiction; removal of litigation from state court to federal court; venue; forum non conveniens; ascertaining applicable law (Erie doctrine); procedural due process and prejudgment seizures; commencing the action - notice and service of process; pleadings (plausible pleading standard; complaint, answer, reply); amendment of pleadings; attorney sanctions; joinder of parties and claims; cross claims and counterclaims; intervention; interpleader; obtaining information prior to trial – discovery (discovery mechanisms; protective orders; privileges and immunities; discovery sanctions); resolution without trial (voluntary and involuntary dismissal; summary judgment); pretrial judicial case management; trial (including right to trial by jury; trial motions; post-trial motions); appellate review (including mandamus and collateral order doctrine); and the binding, preclusive effects of judgments (res judicata; collateral estoppel; intersystem preclusion).

This third edition incorporates a number of changes and additions from the second edition, published in 2014. All the Federal Rules of Civil Procedure and related statutes have been updated to reflect rule changes and amendments since 2014. This edition extensively revises the materials relating to personal jurisdiction, and includes cases and commentary on the Court’s personal jurisdiction decisions since 2014: Walden v. Fiore (2014); J. McIntyre Machinery, Ltd. v. Nicastro (2011); Goodyear Dunlop Tires Operations, S.A. v. Brown (2011); Daimler AG v. Bauman (2014); Bristol-Myers Squibb v. Superior Court of California (2017), Ford Motor Co. v. Montana Eighth Judicial District (2021); and Mallory v. Norfolk Southern Railway (2023). This edition also adds commentary relating to District Court Judge Linda Parker’s opinion and order in King v. Whitmer (E.D. Mich. 2021), concerning sanctions imposed on the attorneys who represented ex-President Donald J. Trump in his re-election challenges to the Michigan 2020 voting returns. Finally, this edition adds materials relating to the Supreme Court’s 2022 decision in Cameron v. EMW Women’s Surgical Center, concerning a state attorney general’s right of appellate intervention after an election caused a change in attorney general’s previously asserted position. to the court. The class action materials have been updated to reflect recent rule amendments relating to class action settlements and approval of class action settlements.

This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: 1. rudimentary fairness and the trade off between equity and efficiency;2. defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information;3. defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation;4. defining the power of the courts;5. securing finality; and6. the costs of procedure.

Gain insight into the laws governing all of the major steps in the civil litigation process, starting with investigation and ending with post-appeal collateral attacks. This text covers the major themes underlying the governing legal standards and those basic issues that the case law and literature suggest to be the most pressing. References to federal practice and procedure are provided with a discussion on the burden of complex, multi-party litigation on the judicial system.

The day has arrived and your name rings out in class. This is it. The cold call. What might your professor ask? Did you understand the case? Did you miss anything important? Are you prepared?

BARBRI & West Academic’s Cold Call Companion provides you with resources to critically analyze and brief a case, distill the main points of law, prepare for the kinds of questions professors may ask in class, and so much more. Included in each Cold Call Companion are:
Animated case brief videos that bring the facts to life;
A written case brief;
Advice for prepping for class discussion;
Contextual materials to offer additional color and background;
Test Yourself questions; and
Carefully curated sets of additional study materials to expand your knowledge of important concepts.

Confidently prepare for and engage in classroom discussion, and easily navigate to the best and more relevant study aids – right when you need them! Cold Call Companion is your essential prep for class.

Rules of civil procedure govern everything that happens outside of criminal proceedings. This Nutshell provides a road map to navigating civil procedure rules and helps build a foundation for understanding the overall picture. Topics discussed include: jurisdiction, venue, and other court-selection issues; pleading, discovery, summary judgment, and other pretrial matters; adjudication, judgments, and appeals; multi-party/multi-claim proceedings, including class actions and multidistrict litigation; plus standing, the Erie doctrine, arbitration, and other important procedural issues. The new edition covers all the subjects dealt with in today's civil procedure courses, whether four or five or six hours in length.

The new edition contains five objective exams in civil procedure with a total of 125 objective questions. Each exam consists of 25 objective problems followed by five multiple-choice answers. Each problem is based on recently decided federal district or appellate court decisions. Exam Pro provides the answers and a detailed analysis to enhance understanding of civil procedure. The tear-out answer sheets simulate exam conditions. This edition reflects the typical course coverage in the now standard four credit-hour, one semester civil procedure course. The exam problems have been updated to reflect recent Supreme Court decisions on civil procedure issues, as well as recent amendments to the Federal Rules that became effective December 2015.

Now current up to 2018, the second edition of this one-volume text presents a clear and concise overview of one of the most challenging topics covered in a standard 1L civil procedure course: subject matter jurisdiction of federal courts. Whether you are grappling with the Court’s recent Spokeo opinion or the classic Osborn decision, you’ll find this book engaging. Written by an award-winning classroom professor, this updated Nutshell makes extensive use of diagrams and flowcharts, while using scores of examples and hypotheticals, to illustrate key concepts. The book is targeted especially to students studying civil procedure, but it will also be of value for students in other courses covering topics such as federal courts, complex litigation, and civil rights. In addition, this volume will provide practitioners with a quick, clear refresher on the basics of federal civil jurisdiction.

This thorough, full-color, easy-to-follow set of logic maps guides users visually through the structure and nuances of federal civil procedure—including the function and operation of the Federal Rules of Civil Procedure, personal jurisdiction, federal subject-matter jurisdiction with removal/remand, federal venue, justiciability, the Erie doctrine, and claim and issue preclusion (res judicata and collateral estoppel). Using graphical and color cues, these logic maps provide readers with a linear, methodical orientation to connections between essential concepts in federal civil practice. Supports any civil procedure casebook or coursebook. An invaluable resource for learning federal civil procedure, preparing for a bar exam, or seeking reorientations as a new practitioner.

This short book summarizes the law of federal civil procedure. It uses diagrams and charts to provide a fresh look at civil procedure concepts. It will help the first-year law student grasp civil procedure principles, fill gaps in the practitioners’ knowledge, and provide a quick-start tool for civil procedure research. The author is a law professor and experienced practitioner who teaches civil procedure at Tulane Law School.

The topics discussed in this law-school study outline include territorial (personal) jurisdiction (including venue and forum non conveniens) and subject-matter jurisdiction (covering diversity jurisdiction, federal-question jurisdiction, removal and supplemental jurisdiction). The Summary provides an accessible explanation of the Erie doctrine and federal common law. It introduces contemporary doctrine on pleadings (including counterclaims, crossclaims, amendments and supplemental pleadings) and joinder of parties (including joinder and class actions). Coverage also includes discovery. There is a full chapter addressing summary judgment. Another chapter covers pretrial conferences, settlement-promotion devices, and the increasingly important topic of arbitration. The trial chapter covers the right to jury trial, trial motions, jury instruction and arguments, and post-verdict motions. There are also chapters on appeals and preclusion (both claim and issue preclusion). The Summary begins with an extensive Capsule Summary of all the topics covered, and also includes Review Questions keyed to the outline's coverage, and sample essay questions and answers. Throughout the outline, there are also Exam Tips and charts to summarize and explain the material.

This audio lecture covers subject matter jurisdiction, personal jurisdiction, long arm statutes, and constitutional limitations. It also discusses in rem and quasi in rem jurisdiction, service of process, venue, transfer, forum non conviens, removal, waiver, governing law, pleadings, and joinder of claims. Also included are permissive and compulsory joinder of parties, counterclaims and cross-claims, ancillary jurisdiction, impleader, class actions, discovery, pretrial adjudication, summary judgment trial, post trial motions, appeals, res judicata, and collateral estoppel. The lecture references all the newly restyled Federal Rules of Civil Procedure.

Need a little practice with multiple choice questions in federal civil procedure? Your solution has arrived. You MUST buy this book if: A. You are studying for your Bar Exam’s MBE multiple choice test, and are more than just a little freaked out by how broadly Civil Procedure can be tested; B. You are in law school, enrolled in a Civil Procedure course, and you are exasperated trying to master the countless nuances of Civil Procedure; C. You want a resource that helps coach you in improving multiple choice exam performance, with strategies, realistic questions, answers, and detailed explanations; D. All of the above. This third edition (expanded by 28% with new questions, new answers, and new explanations) encompasses material reflecting the Civil Procedure Rule amendments of December 2015, December 2016, and December 2018, along with applicable new case law. This multiple choice practice book is designed for: (a) bar exam takers, who are preparing to take the MBE multiple choice bar exam (Civil Procedure was added in 2015 as a multiple choice testing topic), and (b) 1L law students, who are preparing to take their course examinations. This practice book offers practical, easy-to-follow advice on multiple choice exam-taking strategies, clear suggestions on effective multiple choice practicing techniques, and a robust set of Civil Procedure multiple choice practice questions with answers and explanations (designed to simulate MBE-style questions). Tables help users decode the tested-topic for each practice question.

Gain the advantages of office hours with professors on your own schedule! The West Academic Office Hours series is a collection of short audio and video tracks that tackle some of the thorniest questions plaguing law students. The professors answer students’ most frequently asked office hour questions. With clear and easy-to-understand explanations, these professors will help you reach that “lightbulb” moment of comprehension, just as they have with their own students in their own offices. You now have virtual faculty explanations available at the click of a button! The Office Hours series features a variety of notable law faculty explaining these tough topics in new and thoughtful ways.

This concise hornbook focuses on the material covered in a typical law school course on civil procedure, tied to no one casebook. It breaks down the subject of civil procedure along the standard lines: a brief orientation; then a lengthier overview of the stages of litigation, followed by a close inspection of the major procedural problems (governing law, authority to adjudicate, former adjudication, and complex litigation); and finally some reflections in conclusion. It discusses specific problems and illustrations, with the aid of generously sprinkled diagrams and special text boxes. Special attention was given to fitting the civil procedure course's main points together to form the big picture, with each topic ending in a section on the "big idea" (separation of powers, vertical federalism, horizontal federalism, full faith and credit, or procedural due process) that the student is supposed to take from the topic.

Designed for students in advanced courses and newly revised, this book explains the leading principles of federal jurisdiction. It covers such landmarks as Marbury v. Madison and Bivens v. Six Unknown Named Agents and the rules that govern original and appellate jurisdiction, justiciability and abstention, federal habeas corpus, and sovereign immunity. It discusses the enemy combatant cases, culminating in Boumediene, and recent Supreme Court decisions on such diverse issues as the legal foundation of the Ex parte Young action, the limits of federal ingredient jurisdiction, the demise of prudential standing, and the jurisdictional nuances of consumer class action litigation. Perhaps most important, the book provides students with a sense of the argumentative possibilities available to lawyers and jurists working within the federal courts’ tradition.

Of the first-year subjects, Civil Procedure is the most foreign to students’ experience. This book unlocks Civil Procedure by explaining doctrine and rules and placing them in context – showing what each doctrine is doing and how each doctrine relates to the others. It includes a chapter on how law school differs from college and what that means for class- and exam-preparation. It provides concrete analytical frameworks for resolving exam questions. And throughout, scores of examples allow you to apply the law to fact patterns.

Convenient and effective, Sum and Substance Audio Set on Civil Procedure, 8th presents the essentials of civil procedure in a clear, succinct, time-saving format. Includes quick reference indexing, allowing you to quickly locate all topics in the recording, and informed exam tips to help maximize your performance. Sections discuss: clusters of procedure, citizenship, traditional basis of jurisdiction, constitutional principles, illustrative application, federal court jurisdiction, service of process, venue principles, pleading, sanctions, joinder, counterclaims, class actions, discovery, summary judgment, trial, jury trial, posttrial motions, new trial motions, motion for judgment notwithstanding the verdict, collateral estoppel, and appeals.

This book provides a comprehensive analysis of civil procedure, convenient for class or exam preparation. It provides clear and concise explanations of legal concepts and terms, along with exam hints, strategies, mnemonics, charts, tables, and study tips. It includes self-testing and diagnostic review questions and case squibs, which are capsule summaries of significant cases identifying important facts, primary issues, and relevant law. It also provides a casebook table, which keys to relevant pages of leading casebooks, and numerous essay and multiple-choice questions with model answers and detailed explanations. A study guide offers suggestions for the critical hours before an exam.