Acing Civil Procedure PDF
Preview Acing Civil Procedure
WEST ACADEMIC PUBLISHING’S LAW SCHOOL ADVISORY BOARD JESSE H. CHOPER Professor of Law and Dean Emeritus, University of California, Berkeley JOSHUA DRESSLER Professor of Law, Michael E. Moritz College of Law, The Ohio State University YALE KAMISAR Professor of Law Emeritus, University of San Diego Professor of Law Emeritus, University of Michigan MARY KAY KANE Professor of Law, Chancellor and Dean Emeritus, University of California, Hastings College of the Law LARRY D. KRAMER President, William and Flora Hewlett Foundation JONATHAN R. MACEY Professor of Law, Yale Law School ARTHUR R. MILLER University Professor, New York University Formerly Bruce Bromley Professor of Law, Harvard University GRANT S. NELSON Professor of Law, Pepperdine University Professor of Law Emeritus, University of California, Los Angeles A. BENJAMIN SPENCER Professor of Law, University of Virginia School of Law JAMES J. WHITE Professor of Law, University of Michigan 2 i Acing Civil Procedure Fourth Edition A Checklist Approach to Solving Procedural Problems by A. Benjamin Spencer Professor of Law University of Virginia School of Law Series Editor A. Benjamin Spencer ACING SERIES® Mat #41625740 3 ii The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. Acing Series is a trademark registered in the U.S. Patent and Trademark Office. © West, a Thomson business, 2005, 2008 © 2011 Thomson Reuters © 2014 LEG, Inc. d/b/a West Academic 444 Cedar Street, Suite 700 St. Paul, MN 55101 1-877-888-1330 West, West Academic Publishing, and West Academic are trademarks of West Publishing Corporation, used under license. Printed in the United States of America ISBN: 978-1-62810-041-9 4 iii For Marlette, Isabella, Mya, James, Mary Alice, Emma, Alyssa and Adam 5 v Preface This book was written to help the large number of students who emerge every year from their civil procedure courses dazed and confused. Civil procedure for many is the most confounding of subjects, dealing with technical arcana that beginning law students have a difficult time getting their minds around. Civil procedure does not have to be so difficult and indeed can be quite interesting to study. After teaching my own students the topic, I learned early on that they would benefit greatly from a useful organizing tool that brought all of the material for each subject together, not only in a way that would facilitate understanding, but also in a way that could be used to solve the problems they would face in working through classroom hypotheticals or examination questions. So I began developing checklists for their benefit that I presented to my students at the end of each unit. I found the students not only to be extremely grateful for this information, but it was universally reported to me that these checklists greatly enhanced their understanding of the material and gave them a method for attacking procedural problems that they otherwise might have had difficulty developing on their own. It is with the goal of sharing this useful tool with students beyond those in my own classes that I offer this book. I hope that readers find these checklists to be as useful as my students have found them to be. A. BENJAMIN SPENCER April 2014 6 vii 7 About the Author A. BENJAMIN SPENCER is a Professor of Law at the University of Virginia School of Law. He is a graduate of Morehouse College, The London School of Economics (Marshall Scholar), and Harvard Law School, where he was an Articles Editor of the Harvard Law Review. After law school, Professor Spencer served a one-year clerkship with Judge Judith W. Rogers of the U.S. Court of Appeals for the D.C. Circuit. Before becoming a law professor, Professor Spencer worked as a Litigation Associate in a New York-based law firm for two years. A member of the American Law Institute and the West Publishing Company Law School Advisory Board, Professor Spencer teaches and publishes in the area of civil procedure. 8 xiii 9 Acing Civil Procedure Fourth Edition 10
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