Civil Procedure for All States

Civil Procedure for All States
Author: Benjamin V. Madison
Publisher:
Total Pages: 0
Release: 2010
Genre: Civil procedure
ISBN: 9781594605109

Civil Procedure for All States is unique in scope. No other casebook or textbook has sought to take the procedural doctrines that arise in the stages of a civil action and address them for each state. Each chapter describes the majority approach to a procedural doctrine, the significant minority approach, and those states that are peculiar in their approach. By taking this comprehensive approach, the book has been able to identify the common decision-making steps that a lawyer must take in handling any case, in any state. Thus, the book has the student-as-associate thinking through the questions that a seasoned litigator would consider at each stage. The student then applies the law of that student''s jurisdiction to the problems that arise at each stage of a case. After resolving questions that sharpen the student''s ability to deal with a given procedural issue, each chapter incorporates numerous questions that force the student to wrestle with matters of professionalism and ethics. This book is designed to follow the new Context and Practice Series. Books in the series will feature elements that recent studies of legal pedagogy (Best Practices in Legal Education and the Carnegie Foundation''s Educating Lawyers) recommend as essential to improving law school teaching. First, the books will emphasize heavily the practical application of the legal doctrines addressed in each book. Students will be placed in the roles of practitioners handling simulated cases. They will apply the legal doctrines that they learn in the book in exercises that require them to perform tasks that lawyers actually perform. As the studies mentioned above underscore, teaching in this manner will serve more than one purpose. It will not only better prepare students for practice. It will show students the significance of the material they are learning by demonstrating the reality that they will be using these doctrines. Second, the C & P Series will also accomplish another primary goal of the Best Practices and Educating Lawyers studies. That goal is to engage students in professional identity formation so that, when they begin practicing, they will have a better idea of the kind of lawyers they want to be. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. In April 2012, the Institute for the Advancement of the American Legal System recognized Professor Madison as an Educating Tomorrow''s Lawyers fellow and his course as one that advances reform in legal education. "Professor Ben Madison is a rising teacher and scholar of Civil Procedure. His sophisticated and thorough casebook, Civil Procedure for All States, contains subjects students need to know but may not learn elsewhere like the in-depth examinations of the statute of limitations, disability and capacity to sue. Carefully crafted problems develop a student''s thought process to develop actual solutions. One important theme and new direction is an ethical dimension named professional-identity focus. This lucidly written and well designed casebook will introduce law students to both professionalism and procedure." -- Doug Rendleman, Washington and Lee University School of Law "I knew I would be practicing in Ohio. When I saw Professor Madison had a casebook designed to teach procedure applicable to the state in which one intended to practice, I wondered how that could be done. Having now completed the course, I can say without qualification that this course did more to help me get ready to practice law than any other. First, the book tied together a great deal of what I had learned in law school, but had not connected. The method of introducing a Master Case (a complex civil case) and going through the decision-making and steps, in the order a lawyer would do it, is what helped me see the big picture. Second, the book offers not only traditional cases, but many practice problems which helped me to learn to apply the doctrines of Ohio procedure to a set of facts. The end of each chapter then reinforced the topics by including an assignment that a lawyer would actually perform--e.g., drafting a complaint, developing a discovery plan. Third, the book had something that I have never seen in courses other than Professional Responsibility. Every chapter wove in several questions that brought home to me the challenging ethical questions I will face in practice. I now have a much better sense of what limits I will set, and the professional identity to which I will aspire. In short, I received a lot more out of this course than I had ever expected." -- Robert Rice, 2010 graduate, Regent University Law School, on taking the Ohio Bar Exam

Civil Procedure for All States (Paperback)

Civil Procedure for All States (Paperback)
Author: Benjamin Madison, III
Publisher:
Total Pages: 378
Release: 2010
Genre:
ISBN: 9781531014414

This is the 2018 paperback printing of the casebook published in 2010. Civil Procedure for All States is unique in scope. No other casebook or textbook has sought to take the procedural doctrines that arise in the stages of a civil action and address them for each state. Each chapter describes the majority approach to a procedural doctrine, the significant minority approach, and those states that are peculiar in their approach. By taking this comprehensive approach, the book has been able to identify the common decision-making steps that a lawyer must take in handling any case, in any state. Thus, the book has the student-as-associate thinking through the questions that a seasoned litigator would consider at each stage. The student then applies the law of that student''s jurisdiction to the problems that arise at each stage of a case. After resolving questions that sharpen the student''s ability to deal with a given procedural issue, each chapter incorporates numerous questions that force the student to wrestle with matters of professionalism and ethics. This book is designed to follow the new Context and Practice Series. Books in the series will feature elements that recent studies of legal pedagogy (Best Practices in Legal Education and the Carnegie Foundation''s Educating Lawyers) recommend as essential to improving law school teaching. First, the books will emphasize heavily the practical application of the legal doctrines addressed in each book. Students will be placed in the roles of practitioners handling simulated cases. They will apply the legal doctrines that they learn in the book in exercises that require them to perform tasks that lawyers actually perform. As the studies mentioned above underscore, teaching in this manner will serve more than one purpose. It will not only better prepare students for practice. It will show students the significance of the material they are learning by demonstrating the reality that they will be using these doctrines. Second, the C & P Series will also accomplish another primary goal of the Best Practices and Educating Lawyers studies. That goal is to engage students in professional identity formation so that, when they begin practicing, they will have a better idea of the kind of lawyers they want to be. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. In April 2012, the Institute for the Advancement of the American Legal System recognized Professor Madison as an Educating Tomorrow''s Lawyers fellow and his course as one that advances reform in legal education. "Professor Ben Madison is a rising teacher and scholar of Civil Procedure. His sophisticated and thorough casebook, Civil Procedure for All States, contains subjects students need to know but may not learn elsewhere like the in-depth examinations of the statute of limitations, disability and capacity to sue. Carefully crafted problems develop a student''s thought process to develop actual solutions. One important theme and new direction is an ethical dimension named professional-identity focus. This lucidly written and well designed casebook will introduce law students to both professionalism and procedure." -- Doug Rendleman, Washington and Lee University School of Law "I knew I would be practicing in Ohio. When I saw Professor Madison had a casebook designed to teach procedure applicable to the state in which one intended to practice, I wondered how that could be done. Having now completed the course, I can say without qualification that this course did more to help me get ready to practice law than any other. First, the book tied together a great deal of what I had learned in law school, but had not connected. The method of introducing a Master Case (a complex civil case) and going through the decision-making and steps, in the order a lawyer would do it, is what helped me see the big picture. Second, the book offers not only traditional cases, but many practice problems which helped me to learn to apply the doctrines of Ohio procedure to a set of facts. The end of each chapter then reinforced the topics by including an assignment that a lawyer would actually perform--e.g., drafting a complaint, developing a discovery plan. Third, the book had something that I have never seen in courses other than Professional Responsibility. Every chapter wove in several questions that brought home to me the challenging ethical questions I will face in practice. I now have a much better sense of what limits I will set, and the professional identity to which I will aspire. In short, I received a lot more out of this course than I had ever expected." -- Robert Rice, 2010 graduate, Regent University Law School, on taking the Ohio Bar Exam

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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.

Civil Procedure

Civil Procedure
Author: Larry L. Teply
Publisher:
Total Pages: 808
Release: 2007
Genre: Law
ISBN:

Civil Procedure: Cases, Text, Notes, and Problems is designed for use in law school courses on Civil Procedure. This casebook begins with a comprehensive overview, followed by in-depth topical coverage. Its extensive textual discussion?along with the cases, notes, questions, and problems?helps students develop rapid comprehension of the subject. The problems throughout the casebook present students with the opportunity to apply the legal rules and policies studied in the previous materials in both familiar and unfamiliar contexts. This innovative approach provides both efficient and effective coverage of all the major areas of civil procedure, even in courses with reduced hours of credit.

International Civil Litigation in United States Courts

International Civil Litigation in United States Courts
Author: Gary Born
Publisher: Aspen Publishers
Total Pages: 0
Release: 2011
Genre: Civil procedure
ISBN: 9780735507555

"The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.