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Book Civil Procedure of the Trial Court in Historical Perspective

Download or read book Civil Procedure of the Trial Court in Historical Perspective written by Robert Wyness Millar and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of a title from the Judicial Administration Series published by the National Conference of Judicial Councils. Originally published: New York: Published by the Law Center of New York University for the National Conference of Judicial Councils, 1952. xvi, 534 pp. Written near the end of Millar's career, the present study is a brilliant summary of his life's work. It discusses antecedents of the Anglo-American system, the evolution of procedure and American and English civil procedure in the nineteenth century. Other chapters discuss the development of specific areas, such as introduction of the cause, mode of trial and voluntary dismissal. "In a society which so often confuses quantity with quality - or at least tends to regard quantity as a necessary ingredient of quality - it is not surprising that American legal texts labeled "great" have generally been multi-volumed ones. While the number of volumes certainly does not detract from the worth of a Williston on Contracts or a Wigmore on Evidence, their sheer size has made them more easily recognizable, in our society, as classics. On the other hand, the single volume American law books receiving the label of greatness would make a sparse list indeed. To this elite list must now be added Professor Millar's Civil Procedure of the Trial Court in Historical Perspective." --Philip P. Kurland, Harvard Law Review 66 (1952-1953) 1542 Robert Wyness Millar [1876-1959], a professor at Northwestern University Law School, was a leading authority on civil procedure and its history. Miller 1937 Millar was the author of The Old Regime and the New in Civil Procedure (1937) and, with co-author Arthur Engelmann, A History of Continental Civil Procedure (1927).

Book Civil Procedure

    Book Details:
  • Author : Stephen N. Subrin
  • Publisher : Aspen Publishing
  • Release : 2024-02-01
  • ISBN :
  • Pages : 1792 pages

Download or read book Civil Procedure written by Stephen N. Subrin and published by Aspen Publishing. This book was released on 2024-02-01 with total page 1792 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the practice of law. The book focuses on civil rights both to engage student’s by focusing on issues they care out and to illustrate the impact of procedure on real people’s experience with the legal system. The cases are framed in their historical and social context. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by readings highlighting the context of the case as well as review questions and comments which deepen students’ understanding and clarify key concepts, and offers more than forty well-crafted problems (both for class use and review), to help students solidify their understanding of the materials whether used in class or as out-of-class assignments. In-class exercises and simulations based on a sample case file are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from a real case – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. New to the 7th Edition: The inclusion of more examples and problem sets to make the materials more accessible and the concepts more concrete The addition of more practice exercises, with a focus on one set of Case Files throughout the book, rather than the two that were used in prior editions With the removal of Warner v. City of New York case files (because most professors did not have time to use the Warner case files into their courses), issues that are unique to public law litigation are woven throughout the book with practice problems, examples, comments, and questions. This revision will make it easier for professors to incorporate these issues into the course. Professors and students will benefit from: Practice exercises allow students to learn by doing – integrating doctrine, practice, and context. These exercises can be covered in class or, instead, recommended as content for study groups. Topics that are especially hard to teach (like discovery) and those that require a lot of time to teach have been rewritten to respond to adopters’ requests. A case file involving a car accident that is both accessible to first year students and provides good teaching tools for procedure professors to show how a case is litigated from complaint through trial. Because the case file involves a relatively simple state court case, it provides an opportunity to compare state and federal procedural regimes. Review questions focus on student comprehension; broader critical questions are separated out in “questions to ponder” sections. Questions are answered in the teacher’s manual. Background material has been integrated to promote critical thinking and engage students with the latest debates over civil procedure. New practice problems promote engagement with cutting edge issues like Multidistrict Litigation. The authors are developing an online community for adopters – in addition to the teacher’s manual -- to help better facilitate the learning and teaching process for this book.

Book Civil Procedure

    Book Details:
  • Author : Stephen Subrin
  • Publisher : Aspen Publishers
  • Release : 2000
  • ISBN :
  • Pages : 1280 pages

Download or read book Civil Procedure written by Stephen Subrin and published by Aspen Publishers. This book was released on 2000 with total page 1280 pages. Available in PDF, EPUB and Kindle. Book excerpt: CIVIL PROCEDURE: Doctrine, Practice, and Context takes a refreshing new approach to show civil litigation in action. Accomplished authors Stephen Subrin, Martha Minow, and Mark Brodin join forces with Thomas O. Main, a practitioner and recent law school graduate. Together, they convey the reality of practice as they present civil procedure in its full theoretical, social, and historical context. CIVIL PROCEDURE: Doctrine, Practice, and Context stands out from other casebooks because of its: successful demonstration of the connection between the study of civil procedure And The practice of law exceptionally varied and provocative excerpted materials that provide context and integrate theory, policy, and doctrine introductions and Explanations included in every chapter sensible and supportive Comments and Questions numerous thought-provoking exercises that are challenging, yet not intimidating review exercises with sample exam questions appendix of actual litigation documents, with two complete case files including transcripts, memoranda, exhibits, motions, and more emphasis on lawyering skills, values, and social responsibility excellent selection of cases The book opens with introductory material and progresses through such important course topics as: remedies; pleadings; simple joinder; discovery; the right to jury trial; personal jurisdiction and notice; subject-matter jurisdiction, removal, and venue; choice of law; appeals, complex litigation, ADR, and more With vivid examples that capture and hold interest, The authors provide both a solid scholarly overview and a penetrating 'behind-the-scenes' examination of the realities of civil litigation.

Book Federal Rules of Court

Download or read book Federal Rules of Court written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book History of the Federal Courts

Download or read book History of the Federal Courts written by Erwin C. Surrency and published by . This book was released on 2002 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering text presents, in one single volume, the history of the federal courts since their establishment in 1789 and the changes that have occurred in the 200 years since. The author examines the historical context from which the federal court system grew and explores the expansion of the court system in response to procedural, conceptual, and historical influences. The evolution of the different types of federal courts through time is of particular focus, along with the growth of the jurisdiction of the federal courts and the changes to the procedure before the Supreme Court over time. To understand judicial history, it is important to appreciate the nuances of procedure and legal terminology at a particular time. For this reason, the author adheres to the use of the terms of law and procedure understood during the period under discussion. For example, a term such as 'circuit court' is used in its context as a trial court prior to 1911 and again in the context of today's "Circuit Court of Appeals." Specific chapters include: - The Prelude to the Establishment - Federal Courts Under the Articles of Confederation - The Establishment of the Federal Courts - The Organization of the Circuits - Judicial Legislation - Growth of Federal Jurisdiction - Growth of Federal Criminal Jurisdiction - Civil Procedure in the Federal Courts - Bankruptcy in American Law - Criminal Procedure in the Federal Courts - Development of the Appellate Review - Procedure Before the United States Supreme Court - Federal Judges - Courts in the District of Columbia

Book Civil Procedure

    Book Details:
  • Author : Barbara Allen Babcock
  • Publisher : Aspen Publishers
  • Release : 1997
  • ISBN :
  • Pages : 1320 pages

Download or read book Civil Procedure written by Barbara Allen Babcock and published by Aspen Publishers. This book was released on 1997 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This vibrant casebook helps students Understand The system for settling civil disputes, The lawyer's role in representing clients, And The uses of procedural rules. Authors Babcock and Massaro cover standard topics and cases in a context that facilitates understanding of this difficult course. Professors particularly remark on its superb coverage of Personal Jurisdiction. To unite the disparate topics that make civil procedure so challenging while keeping their book student-friendly, The authors: present efficient explanatory text and speak directly in the notes and comments, shunning Delphic questions and string cites open major sections with 'problem cases' and materials drawn from a wide range of sources -- cases, statutes, and historical, sociolegal, or journalistic materials use traditional cases but emphasize the identities and motivations of the litigants stress the lawyer's role and issues of professional responsibility. Civil Procedure opens with a two-chapter overview of procedural due process And The decision-makers who affect it. The next five chapters proceed chronologically through the stages of a lawsuit, from pleadings to appeals. The final chapter summarizes the entire course by presenting an appellate case on every topic covered. This remarkable casebook helps students learn all the basics in a memorable, engaging manner.

Book The Doctrine of Judicial Review  Its Legal and Historical Basis  and Other Essays

Download or read book The Doctrine of Judicial Review Its Legal and Historical Basis and Other Essays written by Edward Samuel Corwin and published by General Books. This book was released on 2012-02-01 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Books publication date: 2009 Original publication date: 1914 Original Publisher: Princeton University Press Subjects: Constitutional history United States Judicial review Law / Civil Procedure Law / Constitutional Law / Courts Political Science / Constitutions Political Science / Government / Judicial Branch Notes: This is an OCR reprint. There may be typos or missing text. There are no illustrations or an index. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there.

Book Model Rules of Professional Conduct

    Book Details:
  • Author : American Bar Association. House of Delegates
  • Publisher : American Bar Association
  • Release : 2007
  • ISBN : 9781590318737
  • Pages : 216 pages

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Book Michigan Court Rules  And Michigan Judicature Act Annotated

Download or read book Michigan Court Rules And Michigan Judicature Act Annotated written by Kelly Stephen Searl and published by . This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Civil Procedure

    Book Details:
  • Author : Stephen Subrin
  • Publisher :
  • Release : 2008
  • ISBN : 9780735570078
  • Pages : 436 pages

Download or read book Civil Procedure written by Stephen Subrin and published by . This book was released on 2008 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first Civil Procedure casebook to consistently show how doctrines and rules work in actual legal practice, The Third Edition offers a more global perspective and over 40 thought-provoking practice exercises—in addition to timely cases, a dynamic selection of excerpted materials, and two sample case files in an appendix. Connecting the study of Civil Procedure To The practice of law, this dynamic casebook provides: distinguished authorship by respected and experienced educator-scholars exceptionally varied and provocative materials that create both historical and empirical context well-written and well-positioned introductions and explanations effective and supportive comments and questions more than 40 thoughtful practice exercises practice exam questions two sample case files in the Appendix: two complete case files include transcripts, memoranda, exhibits, motions, and more manageable overall length detailed Teacher’s Manual New To The Third Edition: a more global and contemporary perspective four new review & practice exercises recent Supreme Court cases regarding pleading, summary judgment, notice, and subject matter jurisdiction legislative developments involving class action practice Coverage of the new e-discovery amendments as well as a new e-discovery exercise Revisions that reflect the recent style amendments To The Federal Rules of Civil Procedure Civil Procedure: Doctrine, Practice, and Context offers a highly engaging approach that enables your students to see how the rules can have a significant impact on the results—in practice.

Book Civil Procedure in Sweden

Download or read book Civil Procedure in Sweden written by R.B. Ginsburgs and published by Brill Archive. This book was released on 1965-07 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: First of a series to be prepared by the Project on International Procedure of the Columbia University School of Law.

Book The Psychology of Evidence and Trial Procedure

Download or read book The Psychology of Evidence and Trial Procedure written by Saul M. Kassin and published by . This book was released on 1985 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kassin and Wrightsman's book concentrates on the single most important determinant of verdicts -- the evidence and court procedure. The book is divided into four parts an overview and historical perspective, and a definition of the empirical issues that concern psychologists seven substantive topics that are practically important, theoretically interesting, and always controversial -- like eyewitness accounts, confessions, polygraph tests, and character evidence an examination of the major stages of trial procedure a provocative discussion of the role that psychology does, and should, play in the judicial process. The book should have a broad appeal, especially since the chapters are written in non-technical, accessible language. All the contributors are leading scholars in their fields.

Book Rules of Practice of the United States District Court for the District of Arizona

Download or read book Rules of Practice of the United States District Court for the District of Arizona written by United States. District Court (Arizona) and published by . This book was released on 1939 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Amendments to the Federal Rules of Civil Procedure

Download or read book Amendments to the Federal Rules of Civil Procedure written by United States. Supreme Court and published by . This book was released on 2010 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Federalist Papers

    Book Details:
  • Author : Alexander Hamilton
  • Publisher : Read Books Ltd
  • Release : 2018-08-20
  • ISBN : 1528785878
  • Pages : 455 pages

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Book Brown v  Board of Education

    Book Details:
  • Author : James T. Patterson
  • Publisher : Oxford University Press
  • Release : 2001-03-01
  • ISBN : 0199880840
  • Pages : 320 pages

Download or read book Brown v Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Book A History of the Supreme Court

    Book Details:
  • Author : the late Bernard Schwartz
  • Publisher : Oxford University Press
  • Release : 1995-02-23
  • ISBN : 0199840555
  • Pages : 477 pages

Download or read book A History of the Supreme Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1995-02-23 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.