Black Letter Outline on Civil Procedure
Author:
Clermont, Kevin M.
Edition:
12th
Copyright Date:
2021
15 chapters
have results for Kevin M. Clermont
Title Page 1 result
Appendix A. Answers to Review Questions 2 results
- It is an open question whether the court here would follow woodenly the general rule or create this policy-based exception to full faith and credit. The better view and the scant case law favor the former course. [See Kevin M. Clermont, Limiting the Last-in-Time Rule for Judgments, 36 Rev.Litig. 1 (2017).]
- (m)) by personal delivery to an officer or agent of Drug Co. in Virginia, then the only remaining issue is personal jurisdiction.
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Appendix C. Glossary 3 results
- A former-adjudication doctrine that encompasses both claim preclusion (merger and bar) and issue preclusion (direct and collateral estoppel). Robert C. Casad & Kevin M. Clermont, Res Judicata: A Handbook on Its Theory, Doctrine, and Practice 9–12 (2001).
- A statute or rule promulgated to extend territorial jurisdiction beyond common-law limits toward modern constitutional limits; formerly more specifically, a state statute enacted to extend the state’s personal jurisdiction based on state-directed acts related to the claim. Kevin M. Clermont, Civil Procedure: Territorial Jurisdiction and Venue 69–72 (1999).
- M
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- Territorial authority to adjudicate comprises both territorial jurisdiction and venue. See generally Kevin M. Clermont, Civil Procedure: Territorial Jurisdiction and Venue (1999).
- For separation-of-powers reasons, the states generally hold that a state court must be authorized by state statute or delegated rulemaking to exercise the various bases of jurisdictional power, except for the bases of presence and consent which were recognized at common law. Accordingly, the states have promulgated statutes or rules, often termed “long-arm” statutes, to extend their territorial jurisdiction. However, a state is not required to extend its jurisdiction all the way to constitutionally permissible limits. See generally Robert C. Casad, William M. Richman & Stanley E. Cox, Jurisdiction in Civil Actions (4th ed. 2014).
- Rule 4(m) sets a time limit for service. Since 1993,
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- Distinguish res judicata from related doctrines. See generally Robert C. Casad & Kevin M. Clermont, Res Judicata: A Handbook on Its Theory, Doctrine, and Practice 13–27 (2001) (also distinguishing a former adjudication being used as evidence, judicial estoppel, other action pending, and double jeopardy).
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Perspective 4 results
- ...on these books are in order. The most useful books are (1) Federal Practice and Procedure, written by Professors Wright and Miller and others, and (2) Moore’s Federal Practice, written by James Wm. Moore and recently revised by others; these two multi-volume works are very easy to use, generally being arranged by Federal Rule number, and they are complete and superb. Among single-volume works, the most helpful, in my opinion, are Charles Alan Wright & Mary Kay Kane, Law of Federal Courts (8th ed. 2017), and the more general Geoffrey C. Hazard, Jr., John Leubsdorf & Debra Lyn Bassett, Civil Procedure (6th ed. 2011). But very good and quite helpful are (1) Michael Finch, Jason R. Bent & Michael P. Allen, An Illustrated Guide to Civil Procedure (4th ed. 2020), (2) Steven Baicker-McKee & William M. Janssen, A Student’s Guide to the Federal Rules of Civil Procedure (yearly ed.), (3) James R. Devine, Problems in Civil Procedure (2007), (4) David A. Dittfurth, Learning Civil Procedure...
- Third, you should eventually consider reading in the depths of civil procedure and somewhat beyond the confines of that subject. Law review articles and books cited in your casebook mark the route to the depths, and a fine collection of such readings lies in Geoffrey C. Hazard, Jr. & Jan Vetter, Perspectives on Civil Procedure (1987), and David I. Levine, Donald L. Doernberg & Melissa L. Nelken, Civil Procedure Anthology (1998). A good but aging way to find your way beyond civil procedure is Robert M. Cover & Owen M. Fiss, The Structure of Procedure (1979), an excellent collection of readings that can take you from civil procedure to procedure in general, to jurisprudence, and to interdisciplinary studies. A more integrated consideration of procedure as a generalized subject is Judith Resnik, Processes of the Law (2004).
- ..., which can do much at the outset to orient you in civil procedure. Reading a book like John A. Humbach, Whose Monet? An Introduction to the American Legal System (2007), which relates the full story of an actual case, will do wonders in calming you down and getting you started in the right direction. Or you might read on your own some other “case” study such as (1) Paul M. Barrett, The Law of the Jungle: The $19 Billion Legal Battle over Oil in the Rain Forest and the Lawyer Who’d Stop at Nothing to Win (2014), (2) Michael Bazyler, Holocaust Justice (2005), (3) Joyce Bichler, DES Daughter: The Joyce Bichler Story (1981), (4) Clara Bingham & Laura Leedy Gansler, Class Action: The Story of Lois Jensen and the Landmark Case That Changed Sexual Harassment Law (2002), (5) David Crump & Jeffrey B. Berman, The Story of a Civil Case (3d ed. 2001) (more general book on civil procedure), (6) Marc A. Franklin, The Biography of a Legal Dispute (1968) (more general book on civil procedure...
- ...Dorsaneo, III & Elizabeth G. Thornburg, Questions & Answers: Civil Procedure (Carolina Academic Press, 4th ed. 2015) (essay and objective questions, organized by topic) or Linda S. Mullenix, Civil Procedure (West’s Exam Pro Series, 3d ed. 2016) (objective questions only, indexed by topic). By practicing on topics you have already studied, you should get started after the semester’s midpoint. Additional sources of civil procedure questions, with answers, are Roy L. Brooks, Questions and Answers: Civil Procedure (Spectra’s Winning in Law School Series, 1987), Scott Dodson, Civil Procedure: Model Problems and Outstanding Answers (Oxford, 2d ed. 2012), Joseph W. Glannon, The Glannon Guide to Civil Procedure: Learning Civil Procedure Through Multiple-Choice Questions and Analysis (Aspen, 4th ed. 2018), Allan Ides, Siegel’s Civil Procedure: Essay and Multiple-Choice Questions and Answers (Siegel’s Series, 5th ed. 2012), and William M. Janssen & Steven F. Baicker-McKee, Mastering...
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Appendix D. Text Correlation Chart 8 results (showing 5 best matches)
- B. Kaplan & K. Clermont, Materials for a Basic Course in Civil Procedure (13th ed. 2020)
- B. Kaplan & K. Clermont, Materials for a Basic Course in Civil Procedure (concise 13th ed. 2020)
- M. Minow,M. Brodin, T. Main & A. Lahav, Civil Procedure: Doctrine, Practice, and Context (5th ed. 2016)
- J. Friedman & M. Collins, The Law of Civil Procedure: Cases and Materials (5th ed. 2017)
- M. Lipson & R. Catz, Materials on the Process of Federal Civil Litigation (1988)
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Chapter XIV. Multiparty Litigation 1 result
Chapter XIII. Multiclaim Litigation 1 result
Review Questions 2 results
- Driver One (“D.O.”), a citizen of New Jersey, sued Master (“M”), a citizen of New York, for injuries sustained in a Manhattan traffic accident involving D.O. and Servant (“S”), M’s employee who was and is a citizen of New Jersey living in
- M immediately impleaded S, and she had him personally served with process at his home. Then D.O. added a claim directly against S, seeking $100,000 for his injuries in that same accident. After answering, S litigated the merits fully, although S did not challenge subject-matter jurisdiction. Ultimately, D.O. lost both his claims on the merits.
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Table of Rules 1 result
- The American states basically followed the English model until our code reforms of the 19th century. See generally Lawrence M. Friedman, A History of American Law 1–25, 96–126, 134–36, 355–90 (4th ed. 2019); Robert Wyness Millar, Civil Procedure of the Trial Court in Historical Perspective 39–42, 52–57 (1952).
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Chapter VI. Judgment 1 result
- Federal Rule 69(a)(1) states as a general matter that the procedure for enforcement thereof “must accord with the procedure of the state where the district court is located,” except that any existing federal statute governs to the extent applicable. That state law provides a maze of enforcement tools. See, e.g., David D. Siegel & Patrick M. Connors, New York Practice ch. 18 (6th ed. 2018).
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Chapter VII. Appeal 1 result
- of a first round of papers timely submitted, whether to consider fully the issues presented. If four or more Justices wish full consideration, the issues are briefed on the merits and heard on oral argument. The Court then affirms, reverses, or modifies the decision by majority vote. See generally Stephen M. Shapiro, Kenneth S. Geller, Timothy S. Bishop, Edward A. Hartnett & Dan Himmelfarb, Supreme Court Practice (11th ed. 2019); Wright’s Hornbook § 108.
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- Publication Date: October 22nd, 2020
- ISBN: 9781647083441
- Subject: Civil Procedure
- Series: Black Letter Outlines
- Type: Outlines
- Description: 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.