Description

This convenient description of civil procedure in the federal and state courts of the United States will be greatly welcomed by lawyers and legal scholars everywhere. Without going into deep analysis, the book covers every important feature of these legal systems, drawing on the expertise and experience of two well-versed practitioners. As well as the rules, policies, normative principles, and future trends, the authors cite recent cases affecting procedure.

Areas covered include sources, judicial organization, exercise of the legal profession, jurisdiction, due process standards, rules of evidence, enforcement of judgements, arbitration, and much more.

The Authors. List of Abbreviations. Preface. General Introduction. Selected Bibliography. Part I. Judicial Organization 1. The Courts and Their Members 2. The Bar 3. Bailiffs and Other Non-Judicial Court Employees Part II. Jurisdiction 1. Domestic Jurisdiction 2. Pleading and Joinder of Claims and Defenses 3. Sanctions Part III. Actions and Claims 1. Actions 2. Pleading and Joiner of Claims and Defenses 3. Sanctions Part IV. Proceedings 1. Initial Proceedings 2. Proceedings Leading to Judgment Part V. Incidents 1. Judicial Disqualification 2. Preliminary Injunctions Part VI. Legal Aid and Legal Costs 1. Legal Aid 2. Legal Costs Part VII. Evidence 1. Introduction 2. Presumptions and Burdens of Proof 3. Admissibility and Categories of Evidence 4. Administration of Evidence 5. Privileges Part VIII. Particular Proceedings 1. Divisible Divorce 2. Admiralty Procedure 3. Fast-track Proceedings Part IX. Preliminary Seizure and Enforcement of Judgments 1. Preliminary Seizure 2. Enforcement of Judgments 3. Preclusion Part X. Arbitration. 1. Introduction 2. Historical Background 3. Types of ADR 4. Lex Arbitri 5. Enforcement of Arbitration Awards 6. Special Issues in ADR 7. The Future of ADR.. Index