Synopsis
SUMMARY OF CONTENTS
1. Due Process of Law
A. Notice and the Opportunity to Be Heard
B. The Hearing that Due Process Requires
C. Due Process and Jurisdiction: The Limits of State Power Over Persons and Property
D. Due Process and the Dual Court System: A First Look at Subject Matter Jurisdiction and Venue
2. Constructing a Civil Law Suit
A. Brief History of Civil Procedure
B. The Allegations: Pleading and Responding Under the Federal Rules of Civil Procedure
C. Beyond the Bi-Modal Lawsuit: A First Look at Multiple Claims and Parties
D. Policing the Pleadings: Ethical Constraints, Frivolous Cases and Creative Advocacy
3. Discovery of the Adversary's Case
A. An Overview of the Discovery Tools and Their Employment
B. Discovery Reform Redux: How the Solution Became the Problem
C. The Scope of Discovery
D. Interrogatories and the Adversarial Advocate
E. Depositions and the Adversarial Advocate
4. Dispositions and Adjudications
A. Settlements, Pretrial Conferences, and Other Maneuvers That Deflect Trials Without Judgment
B. Pretrial Dispositions with Judgment
C. An Overview of a Trial
5. Decision Makers and Decision Models
A. The Judge
B. The Judge's Powers
C. The Jury: The Seventh Amendment Right
D. Choosing a Jury
E. Managing the Jury
F. Alternative Decision Makers
6. More Complex Litigation
A. Subject Matter Jurisdiction in a Dual Court System: A Second Look
B. Extending the Lawsuit: More on Joinder
C. Advanced Issues in Discovery
D. Class Actions: An Introduction (Rule 23)
7. Repose: Ending Disputes
A. Direct Attacks on Judgment
B. Collat