Civil Procedure

by Barbara Allen Babcock, Toni M. Massaro, Norman W. Spaulding

Civil Procedure: Cases and Problems, Fourth Edition offers both the classic and the more recent cases and thoughtful notes, questions and secondary materials. It places technical material in a larger thematic context, so that the students can appreciate the doctrinal and social significance of the individual cases and rules. Starting with due process of law, it emphasizes the constitutional underpinnings of procedural rules and the adversary system.

Illuminating the relationship between equality, accuracy, efficiency, and fundamental fairness to guide and inspire learning, Civil Procedure: Cases and Problems features: due process at the beginning of the book to create a conceptual framework for understanding both jurisdiction and the procedural rules constitutional context for understanding procedure that sets the groundwork for advanced courses on Procedure and Federal Courts coverage of the social and economic context underlying procedural reform, particularly with regard to women, minorities and general financial constraints on access to the adversary system for the poor lightly edited classic cases that promote case analysis and preserve the language and subtlety of procedural jurisprudence major Supreme Court precedents, followed and complemented by lower court decisions to demonstrate core doctrinal principles hypothetical problems that open each chapter may be taught or skipped in accordance with different teaching objectives; the problems also double as practice exam questions concise and focused notes that echo the Socratic Method and prompt consideration of salient themes

Updated throughout, the Fourth Edition provides: recent style changes to the Federal Rules of Civil Procedure, comprehensively integrated into the casebook, including individual case notes for all cases interpreting operative language of the rules detailed coverage of the Supreme Court's attempt to reform pleading practice in "Bell Atlantic "and analysis of the effects of the decision in lower courts extended coverage of new developments and scholarship in e-discovery, complex litigation, and alternative dispute resolution updated and enhanced Teacher's Manual that is ideal for new professors and includes notes for every principal case

For an approach to Civil Procedure that creates context and connects procedure to its constitutional roots, turn to the Fourth Edition of this venerable casebook that features problems, great teaching cases, and contemporary issues of fairness. New professors and loyal users will especially appreciate the updated and revised Teacher's Manual.

*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.

Genres: Law, Nonfiction

1199 pages, Hardcover

First published February 27, 1997

Reviews

[Katherine · Rating 3 out of 5]

no I did not read every page of this book but it definitely counts towards my total for the year. actually a fairly decent casebook, I liked this case, but 3 stars for the general suffering of school

[tristin]

once again...no way i'm not counting this.

[Juliana · Rating 1 out of 5]

Not a gripping tale. Pretty sure this gave me an anxiety disorder, possibly IBS. Use it to press dried flowers or keep drafts of that novel you were working on until you decided to “make something of yourself” from blowing away, and quit law school while you’re ahead. Life is whimsical and here for your pleasure and wide-eyed curiosity, except for this book, which is made of a unique type of black matter, the gravitational pull of which only attracts joy. If you don’t understand its contents, you are normal. Congratulations. Rejoin society - it’s not too late.

[Mia]

kicked my butt

[erin]

is it plausible that i read this whole thing

[Alexis Burns · Rating 1 out of 5]

Maybe the firehouse in Fahrenheit 451 had a point

[michael prado · Rating 2 out of 5]

As much as I would like to rate this book -5 stars, it would be extremely difficult to argue that this 1,251 tome does not include a thought provoking, if not comprehensive coverage of U.S. civil procedure somewhere within its many pages. (Hence, the two stars.) After all, its primary author, the late Barbara Allen Babcock, was a longtime law professor at SLS and a well-recognized pioneer in the field of civil procedure. Her coverage of the topic is certainly to be of value to many people in the legal field. Unfortunately, however, first year students should not be counted among those people, and it is an absolute travesty that this book is marketed toward first-year civil procedure courses.

Each chapter begins with a brief hypothetical situation, which the authors press the reader to think about for themselves. They must certainly assume the reader is already familiar and well-versed in the underlying principles of the very "squishy" field of civil procedure for they opt not to go in depth into what the consensus black-letter law or Federal Rules of Civil Procedures actually are (in fact, many times the book just directs the reader to go and read the relevant FRCP for themselves, as opposed to say, including the Federal Rule in the chapter on it), opting instead to merely copy-paste pages upon pages of experts from various hallmark cases, omitting any cogent summary of the key legal points (thanks, Quimbee, for your service), and then append a numbered list of "Notes" including irrelevant sub-topics, marginally related experts from stuffy academic papers, and other "things to think about" all while the first-year law student, who knows naught of civil procedure, is thinking about how his life got to this point.

I'm sure if you are a Professor or aspiring LL.D you will find something of value in this book to help you plan your "groundbreaking" law review article or thesis that all but three people will read. Otherwise, if you are among the cohort of first-year law students that have been capitally sentenced with this case book, then you can either choose to spend long candle-lit evenings poring over the mysteries of this text like some Kabbalistic scholar, or perhaps more fruitfully spend your time learning the black letter law from Glannons, Quimbee, or another third party source (in all seriousness, do check out the Civ. Pro lecture series from Richard Freer) and pray to God that your Professor is a good lecturer.

[lore · Rating 2 out of 5]

to be fair, i feel like it is really hard to enjoy civ pro and find the material interesting & easy to understand so my low rating may literally just be because the class was so impossible for me to understand. i just found the writing super dense, dry, & difficult to understand. while i know that civ pro is a difficult class & that obviously the concepts will be hard to comprehend, it would be nice for such a core, first-year class to be explained in a more simple, accessible manner, especially given how intimidating civ pro can be as a class.

[Danny · Rating 3 out of 5]

First case: Sniadach v. Family Finance Corp. 08/25/22

Final case: Commissioner of Internal Revenue v. Sunnen 11/29/22

[Irina Kebreau · Rating 2 out of 5]

This must be the slowest and the most tedious account of civil procedure. When I need to fall asleep, this book is always sure to deliver. I've been struggling with it for months! It is a good thing I am not reading for a class

[Steven · Rating 3 out of 5]

Civil Procedure is never fun, but I thought this book was fairly informative.

[Pete · Rating 3 out of 5]

I enjoyed all the civil rights cases. The whole line of process cases was a bit dumbfounding, though.

[Jeff Brenner · Rating 3 out of 5]

You really should read the fine print when you buy a cruise ticket. It's totally binding.