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Civil Procedure PDF

1008 Pages·2015·51.59 MB·English
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CIVIL PROCEDURE EDITORIAL ADVISORS Erwin Chemerinsky Dean and Distinguished Professor of Law Raymond Pryke Professor of First Amendment Law University of California, Irvine School of Law Richard A. Epstein Laurence A. Tisch Professor of Law New York University School of Law Peter and Kirsten Bedford Senior Fellow The Hoover Institution Senior Lecturer in Law The University of Chicago Ronald J. Gilson Charles J. Meyers Professor of Law and Business Stanford University Marc and Eva Stern Professor of Law and Business Columbia Law School James E. Krier Earl Warren DeLano Professor of Law The University of Michigan Law School Richard K. Neumann, Jr. Professor of Law Maurice A. Deane School of Law at Hofstra University Robert H. Sitkoff John L. Gray Professor of Law Harvard Law School David Alan Sklansky Stanley Morrison Professor of Law Stanford Law School Faculty Co-Director Stanford Criminal Justice Center Copyright © 2016 CCH Incorporated. Published by Wolters Kluwer in New York. Wolters Kluwer Legal & Regulatory Solutions U.S. serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. (www.WKLegaledu.com) No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.WKLegaledu.com, or a written request may be faxed to our permissions department at 212-771-0803. To contact Customer Service, e-mail [email protected], call 1-800-234-1660, fax 1-800-901-9075, or mail correspondence to: Wolters Kluwer Attn: Order Department PO Box 990 Frederick, MD 21705 eISBN 978-1-4548-7465-2 Library of Congress Cataloging-in-Publication Data Names: Yeazell, Stephen C. | Schwartz, Joanna C. Title: Civil procedure / Stephen C. Yeazell, Joanna C. Schwartz. Description: Nineth edition. | New York : Wolters Kluwer, [2015] | Includes bibliographical references and index. Identifiers: LCCN 2015038312 | ISBN 9781454874652 Subjects: LCSH: Civil procedure—United States—Cases. Classification: LCC KF8839 .Y43 2015 | DDC 347.73/5—dc23 LC record available at http://lccn.loc.gov/2015038312 About Wolters Kluwer Legal & Regulatory Solutions U.S. Wolters Kluwer Legal & Regulatory Solutions U.S. delivers expert content and solutions in the areas of law, corporate compliance, health compliance, reimbursement, and legal education. Its practical solutions help customers successfully navigate the demands of a changing environment to drive their daily activities, enhance decision quality and inspire confident outcomes. Serving customers worldwide, its legal and regulatory solutions portfolio includes products under the Aspen Publishers, CCH Incorporated, Kluwer Law International, ftwilliam.com and MediRegs names. They are regarded as exceptional and trusted resources for general legal and practice-specific knowledge, compliance and risk management, dynamic workflow solutions, and expert commentary. For Ruth, Owen, and Emmet—SCY and For Teddy, Kate, and Julian—JCS Norton v. Snapper Power Equipment Notes and Problems H. Former Adjudication Ison v. Thomas Notes and Problems I. Appeals Reise v. Board of Regents of the University of Wisconsin Notes and Problems Note on Appellate Structure and Jurisdiction Note: Civil Procedure in Your Substantive Courses Assessment Questions—And a Word About Using These Questions Analysis of Assessment Questions PART I: THE CONSTITUTIONAL FRAMEWORK FOR U.S. LITIGATION A. Approaching Civil Procedure B. Constitutional Limits in Litigation 1. The Idea of Jurisdiction 2. Jurisdiction and the Constitution 3. The Constitution and Choice of Law Chapter 2: Personal Jurisdiction A. The Origins Pennoyer v. Neff Notes and Problems B. The Modern Constitutional Formulation of Power 1. Redefining Constitutional Power International Shoe Co. v. Washington Notes and Problems McGee v. International Life Insurance Co. Hanson v. Denckla Notes and Problems 2. Absorbing In Rem Jurisdiction Shaffer v. Heitner Notes and Problems 3. Specific Jurisdiction: The Modern Cases World-Wide Volkswagen Corp. v. Woodson Notes and Problems J. McIntyre Machinery, Ltd. v. Nicastro Notes and Problems Abdouch v. Lopez Notes and Problems 4. General Jurisdiction Goodyear Dunlop Tires Operations, S.A. v. Brown Notes and Problems Daimler AG v. Bauman Notes and Problems Burnham v. Superior Court Notes and Problems Note on the Mechanics of Jurisdiction: Challenge and Waiver Notes and Problems C. Consent as a Substitute for Power Carnival Cruise Lines, Inc. v. Shute Notes and Problems D. The Constitutional Requirement of Notice

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