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• Scope of application, definitions and the general rule
• Special jurisdiction : articles 7–9
• Rules on jurisdiction in weaker party disputes
• Exclusive jurisdiction : article 24
• Prorogation of jurisdiction : articles 25 and 26
• Common provisions : articles 27–35
• Recognition and enforcement
• Relation with other instruments and final provisions.

"The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application. With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements. Key Features: - A focus on the interpretation and practical application of the Regulation - Detailed analysis of the case law and jurisprudence - Highlights both deficiencies and potential improvements - Written by leading scholars in EU and private international law. The Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law"-- Provided by publisher.

• A very short introduction
• Diversity jurisdiction : the basic rules
• Federal claims and federal cases
• Removal jurisdiction : the defendant chooses the forum
• Personal jurisdiction : myth and minimum contact
• More personal jurisdiction : alternatives to the minimum contacts test
• More than an afterthought : long-arm statutes as a limit on personal jurisdiction
• Home and away : litigating objections to the court's jurisdiction
• Due process and common sense : notice and service of process
• Venue and transfer : more limits on the place of suit
• State law in federal courts : basics of the Erie Doctrine
• Two ways to run a railroad : substance and procedure after York, Byrd, and Hanna
• The scope of the action : joinder of claims and parties under the federal rules
• Of hooks and nuclei : supplemental jurisdiction over state law claims
• Sufficient allegations : pleading under the federal rules
• Change over time : amending the pleadings under rule
• Never forget rule 11 : representations to the court
• Technicalities, technicalities : pre-answer motions under the federal rules
• Probing to the limits : the scope of discovery under the federal rules
• The basic tools of discovery in federal court
• Dispositive motions : dismissal for failure to state a claim and summary judgment
• Judgment as a matter of law in the federal courts
• Second time around : the grounds and procedure for motions for new trial
• The quest for finality : claim preclusion under the second restatement of judgments
• Collateral estoppel, issue preclusion, whatever
• Closing closers : some practice questions that cross jurisdictional lines
• Closing openers : some looney limericks.

"This book provides a short, clear, efficient review of basic topics in Civil Procedure, organized around the theme of multiple-choice questions. In each chapter, the individual sections explain fundamental principles of a topic-such as stream-of-commerce jurisdiction, joinder under Rule 14, or the requirements for res judicata-and illustrate them with one or two multiple-choice questions. After each question, I explain which answer is right, and why the wrong answers are wrong. These short explanations allow me to discuss the black letter rules in the context of the questions. Hopefully, this format will engage you in the study process, so you'll develop a stronger understanding of the basics of procedure. That will pay dividends at the end of the course, whether your exam includes multiple-choice questions or not"-- Provided by publisher.

• Going it alone in court
• The courthouse and the courtroom
• Starting your case
• Pretrial procedures
• Investigating your case
• Settlement
• Pretrial motions
• Proving your case at trial : the plaintiff's perspective
• Proving your case at trial : the defendant's perspective
• Selecting the decision maker
• Opening statement
• Direct examination
• Cross-examination
• Closing argument
• Exhibits
• Basic rules of evidence
• Making and responding to objections
• Organizing a trial notebook
• Expert witnesses
• When your trial ends : judgments and appeals
• Representing yourself in family court
• Representing yourself in bankruptcy court
• Help beyond the book : people, places, and publications.

"Many disputes are too big for small claims court but too small to justify a lawyer's fee. If you are willing to learn the courtroom ropes, you can successfully handle your own case from start to finish. Bergman and Berman break the pretrial and trail process down into easy-to-understand step. This edition has been updated to include remote court appearances"-- Provided by publisher.

• Personal jurisdiction : the enigma of minimum contacts
• Varieties of due process : other bases for personal jurisdiction
• Statutory limits on personal jurisdiction : the reach and grasp of the long-arm
• Seeking the home field advantage : challenges to personal jurisdiction
• Federal questions and federal cases : jurisdiction over cases "arising under" federal law
• Diversity jurisdiction : when does multiplicity constitute diversity?
• Personal and subject matter jurisdiction compared : the first two rings
• Second-guessing the plaintiff's choice of forum : removal
• Proper venue in federal courts : a rough measure of convenience
• Choosing a proper court : the three rings reconsidered
• Easy Erie : the law of Rome and Athens
• Eerie Erie : the substance/substance distinction
• Erie and state choice of law : vertical uniformity and horizontal chaos
• Sculpting the lawsuit : the basic rules of joinder
• Into the labyrinth : joinder of parties under Rule 14
• Essentials and interlopers : joinder of parties under Rules 19 and 24
• Jurisdictional fellow travelers : supplemental jurisdiction
• Jurisdiction vs. joinder : the difference between power and permission
• The bearer of bad tidings : service of process in the federal courts
• Getting off easy : the motion to dismiss
• When justice so requires : amendments to pleadings under the Federal Rules
• The scope of discovery : the rules giveth, and the rules taketh away
• Tools of the trade : the basic methods of discovery
• Defective allegation or insufficient proof? : dismissal for failure to state a claim compared to summary judgment
• The judge and the jury, part one : judgment as a matter of law (directed verdict)
• The judge and the jury, part two : whose case is this, anyway?
• Res judicata (claim preclusion) : the limits of procedural liberality
• Res judicata and the rules of joinder : when does may mean must?
• Collateral estoppel (issue preclusion) : fine-tuning the preclusion doctrine
• The obscure kingdom : nonmutual collateral estoppel
• An introduction to the pretrial litigation process : setting the stage for the Schulansky case
• First moves : Schulansky goes to court
• A change of forum : Ronan removes to federal court
• The defendants' perspective : Ronan's answer and counterclaim
• Chain reaction : Ronan brings in Jones
• Preliminary objections : Jones seeks a way out.

"Everyone comes to law school with some idea of what a contract is or the meaning of assault and battery, but who ever heard of supplemental jurisdiction, impleader, or res judicata? Abstract concepts such as these make civil procedure the most unfamiliar and intimidating of the basic law school courses. However, civil procedure can also be fascinating if you can get by the initial strangeness. Many of the topics covered in the course appear baffling upon first acquaintance but begin to make sense when you see how they apply in particular cases and how they relate to other topics in the course. The goal of this book is to demystify civil procedure by providing concrete examples of procedural doctrines and rules in operation, together with full explanations of how these abstract concepts apply to each example"-- Provided by publisher.

Summary in German

• Due process
• Pleading
• Facts
• Parties
• Jurisdiction
• Federalism
• Repose
• Management
• Why litigate?

• Introduction
• Choosing the proper court
• Pretrial : framing the litigation
• Adjudication without trial
• The trial
• Judgments and their effects
• Appeals
• Specialized multi-party, multi-claim proceedings
• Other special problems in federal litigation

• Introduction
• Purpose of costs
• Manitoba's existing regime
• Other jurisdictions
• Proposed reforms
• Executive summary
• Résumé

• Introduction: Why and how law school is different from college
• The study of civil procedure
• Personal jurisdiction
• Notice and opportunity to be heard
• Subject matter jurisdiction
• Venue, transfer, and forum non conveniens
• Stages of pretrial litigation
• Adjudication (with or without trial)
• Appellate review
• Defining the scope of litigation : joinder of claims and parties
• The preclusion doctrines
• Erie

Of the first-year subjects, Civil Procedure is the most foreign to students' experience. This book unlocks Civil Procedure by explaining doctrine and rules and placing them in context - explaining the role of each and how each doctrine relates to the others. It includes a chapter on how law school differs from college and what that means for class- and exam-preparation. It provides concrete analytical frameworks for resolving exam questions. And throughout, scores of examples allow you to apply the law to fact patterns.
(source: Nielsen Book Data)

• The study of civil procedure
• Personal jurisdiction
• Notice and opportunity to be heard
• Subject matter jurisdiction
• Venue
• Challenging the selection of forum
• Pleadings, amended pleadings, and judgments based upon pleadings
• Discovery and judicial management of litigation
• Adjudication and related motions
• The Erie Doctrine(s)
• The preclusion doctrines
• Defining the scope of litigation : joinder rules and subject matter jurisdiction
• Special multiparty litigation
• Appellate review

"This is a student treatise for students taking a civil procedure course in law school"-- Provided by publisher

• Introduction / Brooke Coleman, Suzette Malveaux, Portia Pedro, and Elizabeth Porter
• A critical perspective on personal jurisdiction : Kulko v. Superior Court / Roy L. Brooks
• Forging fortuity against procedural retrenchment : developing a critical race theoretical account of civil procedure / Portia Pedro
• Civil procedure in the shadow of violence / Shirin Sinnar
• Multiple disadvantages : an empirical test of intersectionality theory in EEO litigation / Rachel Kahn Best, Lauren B. Edelman, Linda Hamilton Krieger, and Scott R. Eliason
• Orientalizing procedure : insiders and outsiders in the doctrine of arbitration / Danya Shocair Reda
• Prisoner procedure / Katherine Macfarlane
• The benefits of class action litigation and the increasing threats to their viability / Suzette Malveaux
• Disability Employment Class Actions / Jasmine Harris
• Procedure and Indian children / Matthew L.M. Fletcher Neoshia R. Roemer
• The ideal and the actual in procedural due process / Norman W. Spaulding, Barbara Allen Babcock, and Toni Massaro
• The restrictive ethos in civil procedure / A. Benjamin Spencer
• Losers' rules / Nancy Gertner
• Disruptors and disruptions : re-centering procedural narratives / Alexander A. Reinert
• Class in courts : incomplete equality's challenges for the legitimacy of procedural systems / Judith Resnik
• Can a gay judge judge a gay rights case? Thoughts on judicial neutrality / Brian Soucek
• (Un)conscious judging / Elizabeth Thornburg
• When law forsakes the poor / Myriam Gilles
• Doorways of discretion : psychological science and the legal construction and erasure of racism / Victor D. Quintanilla
• #Sowhitemale : federal civil rulemaking / Brooke D. Coleman
• Building a litigation coalition : business interests and the transformation of personal jurisdiction / Charlton Copeland
• Notice and the narratives of court access / Robin J. Effron
• Subject matter jurisdiction : the interests of power and the power of interests / Elizabeth McCuskey
• Jurisprudence and recommendations for tribal court authority due to imposition of U.S. limitations / Angelique EagleWoman (Wambdi A. Was'tewinyan)
• How jurisdiction channeling erodes rights / David Marcus
• Procedural barriers to the use of Title IX as a defense for transgender students in state juvenile justice proceedings / Briana Rosenbaum
• Pleading and anti-racism / Deseriee Kennedy
• The master of the complaint? Pleadings in our inegalitarian age / Andrew Hammond
• Undocumented civil procedure / Stephen Lee
• Privilege and voice in discovery / Seth Katsuya Endo
• Civil rights summarily denied : race, evidence, and summary judgment in police brutality cases / Jasmine Gonzales Rose
• Gender and summary judgment / Elizabeth M. Schneider
• Summary judgment, factfinding, and juries / Suja A. Thomas
• The disparate racial impacts of color blind juror eligibility requirements / Kevin R. Johnson
• The power of narrative through intervention in affirmative action cases / Danielle Holley-Walker
• Class actions and the "day in court" ideal / Sergio J. Campos
• Reinvigorating commonality : gender and class action / Brooke D. Coleman and Elizabeth G. Porter
• Critical procedure : ADR and the justices' "second wave" constriction of court access and claim development / Eric K. Yamamoto
• Reconsidering prejudice in alternative dispute resolution for black work matters / Michael Z. Green
• When forum determines rights : forced arbitration of discrimination claims / Stephanie Bornstein

Shines a light on the ways in which civil procedure may privilege-or silence-voices in our justice system In today's increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure. Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession. A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.
(source: Nielsen Book Data)

• Introduction
• Personal jurisdiction and other court-access rules
• Subject matter jurisdiction
• The law applied in federal court
• Anatomy of a litigation : pleading, discovery, and adjudication
• Remedies and forms of relief
• Prior adjudication
• The boundaries of the lawsuit : joinder of claims and parties
• Appeals
• Alternative dispute resolution

"Civil procedure casebook for law school students in the required first-year civil procedure course"-- Provided by publisher

• Introduction: scope and theory
• Personal jurisdiction, terrirorial power, and individual rights
• Choice of law and the extraterritorial application of American law
• Subject matter jurisdiction
• Sovereign immunity, the Act of State Doctrine, and human rights
• Service of process, discovery, and blocking statutes
• Competing cases in different countries
• Recognition and enforcement of judgments
• Arbitration
• Conclusion

This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.
(source: Nielsen Book Data)

• Jurisdiction of U.S. courts over subject matter in international disputes
• Jurisdiction of U.S. courts over parties to international disputes
• Foreign sovereign immunity and jurisdiction of U.S. courts over foreign states
• Forum non conveniens in international litigation
• International forum selection agreements
• Parallel proceedings : lis alibi pendens and antisuit injunctions
• Legislative jurisdiction
• Choice of law in international litigation
• Act of state and foreign sovereign compulsion
• Service of U.S. process on foreign persons
• Extraterritorial discovery and taking evidence abroad
• Recognition and enforcement of foreign judgments
• International commercial arbitration and U.S. courts : an overview

This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
(source: Nielsen Book Data)

• Contents: Preface xxxiii Introduction 1 Burkhard Hess CHAPTER I SCOPE AND DEFINITIONS Article 1 20 Burkhard Hess Article 2 36 Marlene Brosch and Martina Mantovani Article 3 53 Martina Mantovani CHAPTER II JURISDICTION
• SECTION 1 GENERAL PROVISIONS Article 4 60 Cristina M. Mariottini Article 5 72 Cristina M. Mariottini Article 6 79 Cristina M. Mariottini
• SECTION 2 SPECIAL JURISDICTION Article 7 88 Marta Requejo Isidro, Edith Wagner and Matteo Gargantini Article 8 166 Philippos Siaplaouras Article 9 191 Marta Requejo Isidro
• SECTION 3 JURISDICTION IN MATTERS RELATING TO INSURANCE Article 10 196 Inga J.rveku lg Article 11 205 Inga J.rveku lg Article 12 211 Inga J.rveku lg Article 13 214 Inga J.rveku lg Article 14 223 Inga J.rveku lg Article 15 226 Marlene Brosch Article 16 234 Marlene Brosch
• SECTION 4 JURISDICTION OVER CONSUMER CONTRACTS Article 17 241 Stephanie Law Article 18 274 Stephanie Law Article 19 279 Stephanie Law
• SECTION 5 JURISDICTION OVER INDIVIDUAL CONTRACTS OF EMPLOYMENT Article 20 287 Cristian Oro Martinez Article 21 304 Cristian Oro Martinez Article 22 315 Cristian Oro Martinez Article 23 318 Cristian Oro Martinez
• SECTION 6 EXCLUSIVE JURISDICTION Article 24 324 Leon Marcel Kahl
• SECTION 7 PROROGATION OF JURISDICTION Article 25 344 Marlene Brosch and Leon Marcel Kahl Article 26 375 Felix Alexander Koechel
• SECTION 8 EXAMINATION AS TO JURISDICTION AND ADMISSIBILITY Article 27 417 Felix Alexander Koechel Article 28 432 Felix Alexander Koechel
• SECTION 9 LIS PENDENS - RELATED ACTIONS Article 29 466 Stephanie Law Article 30 484 Stephanie Law Article 31 490 Stephanie Law Article 32 500 Stephanie Law Article 33 506 Stephanie Law Article 34 513 Stephanie Law
• SECTION 10 PROVISIONAL, INCLUDING PROTECTIVE, MEASURES Article 35 520 Carlos Santalo Goris CHAPTER III RECOGNITION AND ENFORCEMENT
• SECTION 1 RECOGNITION Article 36 548 Wiebke Voss Article 37 562 Wiebke Voss Article 38 569 Wiebke Voss
• SECTION 2 ENFORCEMENT Article 39 577 Giovanni Chiapponi Article 40 587 Giovanni Chiapponi Article 41 596 Giovanni Chiapponi Article 42 607 Giovanni Chiapponi Article 43 617 Giovanni Chiapponi Article 44 628 Giovanni Chiapponi
• SECTION 3 REFUSAL OF RECOGNITION AND ENFORCEMENT Sub
• section 1 Refusal of Recognition Article 45 638 Janek Tomasz Nowak and Vincent Richard Sub
• section 2 Refusal of Enforcement Article 46 680 Enrique Vallines Garcia Article 47 686 Enrique Vallines Garcia Article 48 695 Enrique Vallines Garcia Article 49 699 Enrique Vallines Garcia Article 50 704 Enrique Vallines Garcia Article 51 708 Enrique Vallines Garcia
• SECTION 4 COMMON PROVISIONS Article 52 719 Enrique Vallines Garcia Article 53 724 Enrique Vallines Garcia Article 54 735 Enrique Vallines Garcia Article 55 744 Enrique Vallines Garcia Article 56 756 Enrique Vallines Garcia Article 57 758 Enrique Vallines Garcia CHAPTER IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS Article 58 763 Marlene Brosch Article 59 769 Marlene Brosch Article 60 772 Marlene Brosch CHAPTER V GENERAL PROVISIONS Article 61 776 Marta Requejo Isidro Article 62 778 Marta Requejo Isidro Article 63 783 Marta Requejo Isidro Article 64 788 Marta Requejo Isidro Article 65 792 Philippos Siaplaouras CHAPTER VI TRANSITIONAL PROVISIONS Article 66 797 Burkhard Hess CHAPTER VII RELATIONSHIP WITH OTHER INSTRUMENTS Article 67 801 Cristina M. Mariottini Article 68 811 Cristina M. Mariottini Article 69 814 Cristina M. Mariottini Article 70 816 Cristina M. Mariottini Article 71 818 Cristina M. Mariottini Article 71a 828 Lena Hornkohl Article 71b 838 Lena Hornkohl Article 71c 846 Lena Hornkohl Article 71d 852 Lena Hornkohl Article 72 856 Cristina M. Mariottini Article 73 861 Cristina M. Mariottini CHAPTER VIII FINAL PROVISIONS Article 74 867 Marta Requejo Isidro Article 75 870 Marta Requejo Isidro Article 76 872 Marta Requejo Isidro Article 77 875 Marta Requejo Isidro Article 78 876 Marta Requejo Isidro Article 79 879 Marta Requejo Isidro Article 80 882 Marta Requejo Isidro Article 81 883 Marta Requejo Isidro Final 885 Marta Requejo Isidro
• Appendix 1: Annexes and Recitals 887 Index 898.
• (source: Nielsen Book Data)

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters. This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions. Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration.
(source: Nielsen Book Data)

• Introduction / Alexander Trunk and Nikitas Hatzimihail
• EU law of civil procedure and third countries : the case of the European neighborhood policy / Jürgen Basedow
• The role of bilateral judicial assistance treaties in the context of EU civil procedure law and third countries / Elina N. Moustaira
• Direct jurisdiction : what rules (if any) for relations with third countries? / Alexander Trunk
• Residual jurisdiction : back to the future? / Michael Stürner and Friederike Pförtner
• The jurisdiction of the unified patent court : a model for the application of the Brussels Ia Regulation to non-EU disputes? / Alberto Miglio
• Lis pendens in the Brussels Ia Regulation with regard to third countries / Luboš Tichý
• The recognition and enforcement of court decisions between the EU and third states / Dieter Martiny
• The recognition of the effects of foreign judgments between the EU and third states / Dimitrios Tsikrikas
• Commercial litigation in the UK : a future outside the EU / Richard Fentiman
• Recognition and enforcement of judgments bewteen the European Union and Russia : possible prospects / Vladimir Yarkov
• Enhancing judicial cooperation in civil matters between the EU and Ukraine : first steps ahead / Iryna Izarova
• Recognition and enforcement of foreign court decisions in Colombia / Michael Stöber
• The European regulation on service of documents and on taking of evidence : an overview / Henriette-Christine Boscheinen-Duursma
• EU special procedures regulation and third countries : which perspectives for relations with third countries? / Alexander Trunk
• The European order for payment procedure and third countries / Azar Aliyev
• Relationship of the Brussels Ia Regulation with soft law in the field of international civil procedure : some notes on the planned European rules of civil procedure / Nazar Panych
• Conclusions / Alexander Trunk and Nikitas Hatzimihail

Based on comparative analyses and country-specific reports (featuring EU member countries as well as non-EU countries), this book develops a structured approach for future action, be it by modification of existing EU regulations, passing new regulations, negotiating new multilateral or bilateral treaties (eg in the framework of the Hague Conference on Private International Law), developing soft law or passing national legislation, preferably on a uniform or coordinated basis together with third countries.
(source: Nielsen Book Data)

• Subject-matter jurisdiction and venue
• Personal jurisdiction
• Ascertaining the applicable law
• Modern pleading
• Joinder of parties and claims
• Discovery
• The pretrial conference
• Adjudication without trial
• The trial process
• Jury trial
• Verdicts and judgments
• Appeals
• Former adjudication
• Securing and enforcing judgments
• Specialized proceedings : class actions, derivative suits, and interpleader
• Alternative dispute resolution

Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entree into deeper research.
(source: Nielsen Book Data)

《南宋社会民间纠纷及其解决途径研究》从法 律社会史的角度借助现代诉讼法和社会学中的概 念, 从不同社会群体的不同观念入手, 探究南宋民间法律社会中各种现象和产生现象背 后的动因. 研究的侧重点不是南宋民间纠纷及其解决途径本 身, 而是这些现象与各种观念的互动关系和结果. 在这些方面本书作了比较深入的探索, 可弥补已有相关研究成果的不足. -- Source other than Library of Congress. 《南宋社会民间纠纷及其解决途径研究》从法 律社会史的角度借助现代诉讼法和社会学中的概 念, 从不同社会群体的不同观念入手, 探究南宋民间法律社会中各种现象和产生现象背 后的动因. 研究的侧重点不是南宋民间纠纷及其解决途径本 身, 而是这些现象与各种观念的互动关系和结果. 在这些方面本书作了比较深入的探索, 可弥补已有相关研究成果的不足. -- Source other than Library of Congress.

• 1: Introduction 2: Funding litigation 3: The civil courts 4: Overriding objective and human rights 5: Pre-action protocols 6: Issuing and serving 7: Renewal of process 8:
• Part 8 claims and petitions 9: Low value road traffic accident claims 10: Alternative dispute resolution 11: Service outside the jurisdiction 12: Responding to a claim 13: Default judgment 14: Statements of case 15: Track allocation and case management 16: Costs management 17: Costs capping and protection 18: Requests for further information 19: Parties and joinder 20: Additional claims under
• Part 20 21: Limitation 22: Amendment 23: Interim applications 24: Summary judgment 25: Interim payments 26: Security for costs 27: Small claims track 28: Fast track 29: Multi-track 30: Striking out, discontinuance, and stays 31: Disclosure 32: Witness statements and affidavits 33: Hearsay 34: Admissions and documentary evidence 35: Experts 36: Offers to settle 37: Sanctions 38: Listing and pre-trial reviews 39: Trial 40: Remote hearings 41: Judgments and orders 42: Interim injunctions 43: Freezing injunctions 44: Search orders 45: Norwich Pharmacal and related disclosure orders 46: Costs 47: Qualified one-way costs shifting 48: Enforcement 49: Judicial review 50: Appeals.
• (source: Nielsen Book Data)

Trusted by generations of students and litigators, A Practical Approach to Civil Procedure is a classic text which guides you through the maze of procedural requirements utilized by the civil courts. Written by an expert in the field, and co-editor of Blackstone's Civil Practice, this book is unrivalled in its detail of the various stages of a civil claim, making it essential reading for students and newly qualified litigators alike. Taking a thoroughly practical focus throughout, the book charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the reader to the forms and documents which will be encountered in practice, while key point summaries featured at the end of chapters highlight the essential points covered. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Law Trove will be available from 15 July 2021. Access must be redeemed by 30 June 2022. - The online resources include a range of web links to key related sources to support students looking to read around the subject and develop their understanding.
(source: Nielsen Book Data)

• Civil courts coping with Covid-19 : exceptional times, normal times, new times? / Bart Krans and Anna Nylund
• Responding to Covid-19 : Australian Civil Courts in 2020 / David Bamford
• The impact of Covid-19 on civil procedure in Belgium / Piet Taelman
• Brazilian precedents in Covid-19 : supreme court matters? / Fredie Didier Jr., Hermes Zaneti Jr. and Ravi Peixoto
• The 'new normal' of civil procedure in Canada : technological efficiency over proportionality and accuracy of outcomes / Catherine Piché
• Civil justice in China in the Covid-19 period / Yuilin Fu
• Croatian civil justice v. Covid-19 : the empire strikes back / Alan Uzelac
• Digitalization of Danish civil justice - perspectives from the pandemic / Clement Salung Petersen
• Developing the new normal for English civil procedure post Covid-19 / John Sorabji
• Pandemic and digitalization : the situation in the Finnish lower courts / Laura Ervo
• Covid-19 and French civil justice : what future for civil hearings? / Frédérique Ferrand
• Covid-19, civil justice 2020 and German courts 2021? / Wolfgang Hau
• Covid-19 and civil justice : news from the Italian front / Elisabetta Silvestri
• Impact of Covid-19 on Japanese civil justice / Shusuke Kakiuchi
• Impact of Covid-19 pandemic on Lithuanian civil justice / Vigita Vėbraitė
• The aftermath of the Covid-19 pandemic in the Netherlands - seizing the digital gains / Bart Krans
• Covid-19 and Norwegian civil justice / Anna Nylund
• Peruvian judicial system during the Covid-19 pandemic / Christian Delgado Suárez
• Transformation of Polish civil procedure in light of Covid-19 / Piotr Rylski
• Singapore civil procedure and Covid-19 / Jeffrey Pinsler
• Coping with an outdated and rigid civil procedure in the era of Covid-19 : the experience of Slovenia / Aleš Galič
• Civil justice after the Covid-19 pandemic in Taiwan / Kuan-Ling Shen
• The impact of the Covid-19 pandemic on the civil procedure in Uruguay / Santiago Pereira Campos
• Covid-19 and American civil litigation / Richard Marcus
• Conclusions on civil courts coping with Covid-19 / Anna Nylund and Bart Krans

This book is available digitally as an Open Access resource at www.boomdenhaag.nl. Click here to access the content. The unforeseen Covid-19 pandemic has propelled, and continues to propel, unprecedented transformations to civil proceedings and the landscape in which they operate. Courts have proven to be creative and innovative in their responses to the pandemic, and in their ability to implement digitisation of paperwork and remote hearings. This book contains a comparative study of how courts in 23 countries have coped with the pandemic, addressing selected innovations and adaptations to court proceedings, factors facilitating and impeding the digital leap, and new concerns that new technology and the pandemic engenders. The authors discuss the implications of digitisation, such as ensuring equal access to courts, novel issues concerning fair trial rights in remote proceedings, the role of alternative dispute resolution during the pandemic, and the roots of resistance to digitisation. Several contributions also address whether and how innovations during the pandemic may transform civil litigation in the future.
(source: Nielsen Book Data)

• Introduction / Peter C.H. Chan and C.H. van Rhee
• Comparing the civil court structures of Mainland China, Taiwan, Hong Kong and Macau from a case management perspective / Peter C.H. Chan
• Case management from a comparative perspective : horizontal and vertical court arrangements / Álvaro Pérez Ragone
• The unified system of adjudication and administration of Chinese courts / Hang-ping Chen
• Taiwan's court structure from a case management perspective / Jun Wu
• Civil court structure in Hong Kong / Ubaid-Ur Rehman
• The formal adequacy principle from the perspective of judicial case management : Macau / Wei Wang
• The litigation superpower's case management cure for adversarial ills / Richard Marcus
• Framing the structure of the court system from a case management perspective : new trends in Brazilian law / Antonio Cabral
• Structure of the court system and case management : lessons from England & Wales / John Sorabji -- Framing the structure of court systems from a case management perspective : lessons from Hungary / Viktória Harsági
• In search of efficiency : court structure and case management in Croatia / Marko Bratković
• A brief note on the application of information and communication technology in civil judicial case management / Fuhua Wang
• A prospective court-connected mandatory mediation regime in Macau : a brief note / Hugo Luz dos Santos

The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.
(source: Nielsen Book Data)

• Civil procedure and why we study it
• Notice and opportunity to be heard
• Defining the dispute
• Discovery
• Jury trial
• Summary judgment, JMOL, and new trial
• Appeal
• Joinder and preclusion
• Class actions
• Federal subject matter jurisdiction
• Personal jurisdiction
• Venue and transfer
• The Erie problem
• ADR and the future of procedure
• Postscript

CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary. Civil Procedure: An Integrated Approach (Doctrine and Practice Series) combines classic cases, contemporary lower-court gems, and an unmatched set of learning tools and teacher resources to make civil procedure accessible, relevant, and compelling. The hardcopy textbook is integrated with online flowcharts, quizzes, and videos that together give students of all learning styles a strong command of doctrine. It emphasizes the central role of lawyers in civil procedure, challenging students to discover the legal strategies and practical realities that make civil procedure the most important element in every litigator's toolkit. The casebook includes: Key Ideas textboxes after every reading summarizing important takeaways. All readings also have easy-to-follow notes and questions to guide study and discussion of the readings. Taking Stock textboxes summarizing the main ideas and themes from each chapter. Beyond the Doctrine textboxes that provide distinctive perspectives on the readings from practice and academic scholarship. Carefully-edited excerpts from the Constitution, statutes, and Federal Rules in the text, each with their own introductions, notes, and questions. No longer is codified law consigned to a "rules supplement" to be neglected by students! The linked online materials include: Case Synopsis bullet points summarizing the background and holding of each case, which students can use to develop their note-taking and outlining skills. Videos colorfully illustrating empirical data on the federal courts' changing caseloads and examples of distinctive legal strategies from notable cases. Flowcharts summarizing main ideas from each chapter in an easy-to-follow graphical format. Self-Assessment Quizzes with answers that students can use to test what they've learned in each chapter. This casebook sequences its topics to optimize students' success in the 1L curriculum. It begins with a broad overview of civil procedure and then covers the Federal Rules and the stages of the civil action. Placing these topics first ensures that your students will better understand materials in their other courses, where concepts like motions to dismiss and summary judgment arise frequently. Building on this foundation, it then introduces complex litigation, including class actions, jurisdiction, the Erie problem, and arbitration. This casebook is suitable for all first-year Civil Procedure courses.
(source: Nielsen Book Data)

• v. 1. Attorneys
• v. 2. Courts; Jurisdiction
• v. 3. Actions
• v. 4. & v. 5. Pleading
• v. 6. Provisional remedies; Proceedings without trial
• v. 7. Trial; Judgment
• v. 8. Enforcement of judgment; Attack on judgment in trial court; Extraordinary writs
• v. 9. Appeal; Administrative proceedings
• v. 10. Table of cases; Table of laws and rules; Table of fifth and sixth edition sections; Index

• Seminal judgments (les Grands Arrêts) in the case law of the European Court of Justice / Burkhard Hess
• La confiance mutuelle, fondement et temoignage de la valeur de l'Union europeenne / Camelia Toader
• De l'encadrement de l'ordre public procedural des fitats membres a l'ordre procedural autonome de l'Union / Marek Saffan et Domintk Düsterhaus
• EU private international law : consistency of the scopes of application and/or of the solutions / Maciej Szpunar
• Le « régime Bruxelles » dans le droit europeen de la procedure civile / Marta Requejo Isidro
• The shift from a choice of law-centered approach to a civil procedure standpoint / Sabine Corneloup
• The contribution of 'Brussels I' to the process of EU integration : a true trailblazer for the Europeanization and constitutionalization of private international law / Johan Meeusen
• The application of the European law of civil procedure in the dialogue between the CJEU and the national judges / Henrik Saugmandsgaard Øe
• The dialogue on the European law of civil procedure between the Court of Justice and national courts from a German perspective / Wolfgang Han
• European civil procedure and the dialogue between national courts and the European Court of Justice / Xander Kramer and Jos Hoerenaa
• L'autonomie procédurale dans la jurisprudence de la Cour de justice de l'Union européenne : réflexiones naives d'un Huron au Palais du Kirchberg / Loïc Cadiet
• La Charte des droits fondamentaux et les nouvelles fronteres des l'autonomie procédurale des Etats membres l'example du droit européenne de la procédure civile / Michail Vilaras
• The Brussels Convention : 50 years of contribution to European integration / Fausto Pocar
• Delendum est forum delicti? : towards the jurisdictional protection of the alleged victim in cross-border torts / Etienne Farnoux
• CJEU case-law and forum connexitatis : an analysis of the close connection criterion / Lucilla Galanti
• Cross-border collective redress and the jurisdictional regime : horizontal vs sectoral approach / Cinzi Peraro
• Your place? mine? or theirs? : a legal and policy-oriented analysis of jurisdiction in cross-border collective redress
• Representative (consumer) collective redress decisions in the EU : free movement or public policy obstacles? / Janek Tomasz Nowak
• Casting the net : hose the Court of Justice's approach to online torts made the Brussels framework fit for the Internet age? / Tobias Lutzi
• Encoding justice : a quest for facilitating access to justice by e-handling of cross-border litigation : the example of the European uniform procedures / Elena Alina Ontanu
• Trust, but verify : loss of mutual trust as a ground for non-recognition in the area of freedom, security and justice, example of the judiciary crisis in Poland / Zuzanna Witek

On the 27th of September 1968, the six EC Member States signed the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 50 years later, the European Court of Justice and the Max Planck Institute Luxembourg organised an international conference on the major developments, achievements and challenges of the European law of civil procedure. This book brings together contributions written by members of the Court of Justice of the European Union, established academics and young researchers reflecting on the Brussels Regime. It offers insights on the dialogue between the Court of Justice and national courts on the interpretation of the European law of civil procedure and how it shaped the Europeanisation of private international law. Beyond this assessment of the past, the book offers some reflections on the future architecture of the European law of civil procedure and the suitability of the Brussels regime to the challenges of the current era. This will be read with interest by academics, practitioners and policy-makers.
(source: Nielsen Book Data)

• Publisher provided contents note: US Law as Foreign Law / Kirk W. Junker
• Federal Civil Litigation / Steven F. Baicker-McKee
• Civil Procedure Brief Drafting Strategy / Heidi K. Brown
• U.S. Arbitration Law and Practice / Katherine M. Simpson
• Aspects of United States Application of International Maritime Law : a Focus on Jurisdictional, Procedural and Substantive Issues Unique to the US System
• Contracts-Drafting and Content / Keith E. Wilder
• Back to Back Contract : the Birth of a New Contract Type / Antonio Lordi
• Confidential Information and Restrictive Covenants in Employment / Patrick Sorek
• Income Taxation and Audits / P. Matthew Roy
• U.S.' Charitable Sector : Nonprofit Organizations / Ryan Kraski
• Intellectual Property Protection and Enforcement in the United States : an Introduction / Jacob H. Rooksby
• Food Law : Implementing Food Sovereignty in Local Sustainable Food Systems / Gabriela Steier
• Issues of United States Immigration Law : a View from the Inside / Katherine M. Simpson
• Issues of US Environmental Law Encountered from Abroad / Kirk W. Junker
• White Collar Crime / Barbara Carlin

This book explains various areas of private, public and criminal practice in the United States, as well as US legal research, to the audience of practising civil lawyers who may interact with US lawyers. Each chapter is written by a recognised specialist in his or her respective field who has practiced and taught in that field. Further, the first chapter is an introduction to the "foreign" nature of US law for civil lawyers, written by the editor, Kirk W Junker, who holds the Chair in US Law at the University of Cologne, who has been teaching US law to law students in Germany and France for ten years, and who previously practiced US law for nine years. As a practitioner's guide, a special feature of the book is that every term of art, regardless of which field of law, is translated into both German and French in accompanying footnotes on each page. In addition, every chapter includes "Practice Tips, " "Checklists for Practice, " and illustrative "Examples, " each of which is clearly marked in a separate box. Some chapters offer tables, example draft documents and templates to make the book easy to use as a reference book and a handbook.
(source: Nielsen Book Data)

• The sources of transnational litigation law
• Personal jurisdiction over non-nationals and non-residents
• Subject matter jurisdiction and venue over transnational disputes
• Parallel litigation
• "Sovereignty" limitations on transnational litigation
• International human rights cases
• Choice of law and the applicable law
• Transnational service and production of evidence
• Transnational provisional relief
• Recognition and enforcement of foreign judgments
• Judicial involvement in international arbitration

This title identifies and explores recurring issues of jurisdiction, procedure, and choice of law entailed in the resolution of transnational disputes in U.S. courts. It covers the sources of transnational litigation law in the United States, personal and subject matter jurisdiction, parallel litigation, foreign sovereign immunity and the act of state doctrine, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, and the role of courts in connection with international arbitration.
(source: Nielsen Book Data)

Civil procedure -- Afghanistan

• Due process of law
• Constructing a civil lawsuit
• Discovery of the adversary's case
• Dispositions and adjudications
• Decision makers and decision models
• More complex litigation
• Repose : ending disputes

"Civil Procedure casebook for first-year law students"-- Provided by publisher

• Introduction
• But first, a word from our sponsors
• Identifying the proper plaintiff : standing, ownership, and stakeholders
• Legal and business considerations in identifying the "proper" defendant(s)
• Identifying the trade secrets, internally and during the action
• Identifying the nature and type of trade secret misappropriation, addressing the statute of limitations, and action items for the prelitigation checklist
• Identifying additional claims; pretrial resolution scenarios; fee awards and statutory bad faith
• Choosing between jurisdictions and alternative venues : federal versus state courts, jury versus bench trials, arbitrations, and proceedings before the U.S. International Trade Commission
• Protective orders and document preservation orders
• Temporary restraining orders, preliminary injunctive relief, and expedited discovery
• Special masters, court-appointed neutral experts, and technical advisors
• Addressing the elements of reasonable efforts to protect secrecy and independent economic value
• Head-start injunctions and other forms of postjudgment equitable relief
• The impact of contractual boilerplate provisions on trade secret litigation
• The trade secret fitness audit
• Protecting trade secrets during a pandemic or other crisis

"This book explores the questions of trade secret identification, protection, and economic value from the standpoint of what executives, the board of directors, and the general counsel must consider when faced with the prospect of trade secret litigation. While the main focus is on the trade secret owner, due consideration is given throughout the text to corresponding issues facing an alleged misappropriator"-- Provided by publisher

• Introduction
• Procedure and pleading in the seventeenth and eighteenth centuries : the start and development of written pleadings
• An era of change : re-defining the theory of written pleadings and the development of civil procedure, 1800-1825
• The development of the "form of process" and the role and rules of written pleadings
• The use of written pleadings in the twentieth century
• The future for written pleadings? : a conclusion
• Appendix: Illustrative examples of written pleadings in the faculty of advocates' session papers in the period 1843-1863

Zuckerman on Civil Procedure presents a clear and thematic analysis of litigation under the Civil Procedure Rules. It explains how the court interprets and applies the Rules, how judges exercise their extensive case management powers and how this impacts the conduct of litigation. Throughout, the emphasis is placed on bringing out the principles that govern the exercise of judicial discretion in order to help judges and practitioners deal with difficult problems that arise in the course of litigation. It helps practitioners understand the relationship between individual Rules and general principles; it complements the White Book and other civil procedure manuals; explains the significance of leading cases and provides critical commentary; highlights current trends in judicial thinking; draws attention to inconsistencies in judicial approach to process and to problems that are likely to be encountered in practice; suggests solutions to debatable questions in areas such as service, legal professional privilege, compliance with time limits, and costs; comments on recent developments; and supplies authoritative analysis - the previous editions have been cited in numerous cases at all court levels. The new 4th edition is authored by Professor Adrian Zuckerman assisted by a team of editors under the direction of Juliet Wells, including Professor Stuart Sime and Dr John Sorabji. It has been extensively restructured and revised, with an expanded chapter on case management and party compliance, and a new chapter on committal proceedings and other enforcement processes, and is updated to take account of new legislation, case law and recent reviews into the workings of civil justice: The Criminal Justice and Courts Act 2015 (which provides for dismissal of personal injury claims in cases of fundamental dishonesty, a new 'different outcome' test in applications for judicial review, and costs-capping orders in judicial review claims. The Consumer Rights Act 2015, together with the Competition Appeal Tribunal Rules 2015, which provide for a new scheme of opt-in or opt-out class actions before the Competition Appeal Tribunal. The Disclosure Pilot in the Business and Property Courts. Revisions to the CPR, including Parts 36, 39 and 52. Amendments to various specialist court guides (including the Chancery Guide, Commercial Court Guide, and QBD Guide). Fully updated to take account of new case law since the last edition, including: Denton v TH White Ltd [2014] EWCA Civ 906 Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 1129 Coventry v Lawrence [2015] UKSC 50 Broadhurst v Tan [2016] EWCA Civ 94, Bird v Acorn Group Ltd [2016] EWCA Civ 1096, and Qader v Esure Services Ltd [2016] EWCA Civ 1109 R (Haralambous) v St Albans Crown Court [2018] UKSC 1 Barton v Wright Hassall LLP [2018] UKSC 12: on the proper approach to applications under CPR r.6.15(2) Belhaj v Director of Public Prosecutions [2018] UKSC 33 Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38 Jet 2 Holidays Ltd v Hughes [2019] EWCA Civ 1858 R (on the application of Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35 .
(source: Nielsen Book Data)