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Litigating in America: Civil Procedure in Context

Litigating in America: Civil Procedure in Context

Author: Stephen N. Subrin; Margaret Y.K. Woo
Publisher: Aspen Legal Education
ISBN: 9780735552661
Published In: April 2006
Format: Paperback , 320 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.

The highly respected authors combine their distinctive skills to create the ideal teaching tool:

Stephen Subrin is nationally known for his scholarship in the field of civil litigation and procedure, and he is the senior author of Aspen's popular casebook Civil Procedure: Doctrine, Practice, and Context, Second Edition
Margaret Woo is a leading teacher and scholar in comparative law, who brings her sociological, anthropological and legal expertise to the book. She is the co-editor of East Asian Law: Universal Norms and Local Culture (Routledge 2003).

This new text:

explains American civil litigation and procedure and the social/historical/economic context out of which it evolved
explores the major themes underlying American legal institutions and civil litigation
captures American civil process at a crucial time of change in the early twenty-first century
highlights the interplay between legal rules, doctrine, practice, and culture
covers all stages of civil litigation through the use of one hypothetical litigation
provides data and results of empirical studies to dispel myths about American civil litigation
presents the American legal system within a global context
is accessible to a wide range of audiences, including American and foreign law students, lawyers, judges, undergraduates, and graduates who want to understand American civil litigation and law

The American Legal System: Distrust and Dispersing Power
The Adversary System and the Legal Profession
History of American Civil Procedure: Rule and Narrative, Law and Equity
An American Civil Litigation from Beginning to End
Divided Authorities: Jurisdiction, Venue, Notice, and Choice of Law
Thinking Like an American Lawyer: Burdens of Proof, Pleadings, and a Lawyer¿s Obligation
Discovery and Case Management
Adjudication Without Trial: Dispositive Motions
Joinder and Class Actions
Public Adjudication, Private Resolution, and the Alternative Dispute Resolution Movement
Trials and Juries
The Quest for Finality: Preclusion, Appeals, and Enforcement of Judgments