| Preface |
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iii | |
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Introduction to Civil Procedure and Practice |
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1 | (41) |
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The Role of Civil Actions in the Adminstration of Justice |
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1 | (5) |
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The Substance-Procedure Distinction |
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6 | (2) |
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8 | (8) |
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Alternative Dispute Resolution |
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16 | (4) |
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The Historical Evolution of Civil Procedure |
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20 | (22) |
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Subject-Matter Jurisdiction |
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42 | (122) |
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The Nature of Subject-Matter Jurisdiction |
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42 | (6) |
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Subject-Matter Jurisdiction of the State Courts |
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48 | (5) |
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Subject-Matter Jurisdication of the Federal Courts |
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53 | (111) |
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Personal Jurisdication and Service of Process |
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164 | (148) |
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Development of Territorial Rules of Personal Jurisdiction |
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165 | (17) |
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The Operation of the Territorial Rules |
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182 | (17) |
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Fictional Evolution of the Presence and Consent Tests for Personal Jurisdication |
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199 | (3) |
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The Development of Modern Restrictions on State-Court Jurisdiction: The Minimum Contacts Test |
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202 | (2) |
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The Status of the Territorial Rules of Jurisdiction After International Shoe |
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204 | (12) |
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The Reaction of the States to the Minimum Contacts Test: Long-Arm Statures |
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216 | (4) |
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The Content of the Minimum Contacts Test |
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220 | (32) |
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Application of the Minimum Contacts Test to Specific Cases |
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252 | (26) |
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Jurisdiction by Necessity |
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278 | (4) |
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282 | (4) |
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286 | (13) |
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Special Problems of Amenability to Process in Federal Court |
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299 | (13) |
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312 | (61) |
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Transitory and Local Actions |
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313 | (7) |
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320 | (1) |
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321 | (33) |
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Forum Non Conveniens and Change of Venue |
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354 | (15) |
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Injunctions Against Extrastate Litigation and Other Devices for Controlling the Location of the Suit |
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369 | (4) |
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373 | (115) |
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The Separation-of-Powers Doctrine |
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373 | (5) |
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Conflict-of-Laws Problems in a Federal System |
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378 | (1) |
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The Doctrine of Swift v. Tyson |
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379 | (21) |
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400 | (14) |
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The Evolution of the Erie Doctrine: Applicability of State ``Substantive Law'' Under the Rules of Decision Act |
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414 | (23) |
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The Evolution of the Erie Doctine: Conflicts Between State Law and Federal Rules of Civil Procedure |
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437 | (25) |
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The Erie Doctrine in the Lower Federal Courts |
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462 | (8) |
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Determination of State Law |
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470 | (7) |
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477 | (11) |
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Pleading and Related Matters |
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488 | (91) |
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488 | (6) |
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494 | (1) |
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495 | (9) |
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504 | (40) |
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Verification and Good Faith Pleading |
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544 | (18) |
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562 | (17) |
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579 | (45) |
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Joinder of Claims by Plaitiffs at Common Law and in Equity |
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579 | (3) |
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Joinder of Claims by Plaintiffs Under the Codes |
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582 | (3) |
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Joinder of Claims by Plaitiffs Under the Federal Rules |
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585 | (10) |
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Joinder of Claims By Defendants at Common Law and in Equity |
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595 | (2) |
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Counterclaims and Cross-Claims Under the Codes |
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597 | (2) |
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Counterclaims and Cross-Claims Under the Federal Rules |
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599 | (25) |
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624 | (112) |
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Basic Joinder of Parties Rules in Common-Law and Equity Actions |
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624 | (3) |
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Basic Party Joinder Provisions of the Codes |
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627 | (2) |
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Basic Party Joinder Provisions of the Federal Rules |
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629 | (41) |
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670 | (66) |
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Discovery and Pretrial Conferences |
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736 | (68) |
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Development of Modern Discovery |
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736 | (7) |
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The General Scope of Discovery Under the Federal Rules |
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743 | (6) |
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Required Disclosures Under the Federal Rules |
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749 | (12) |
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The Discovery Planning Meeting, Timing, Sequence, Priority, Limits, and Certification |
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761 | (5) |
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766 | (12) |
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Depositions upon Written Questions |
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778 | (2) |
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Interrogatories to Parties |
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780 | (5) |
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Production of Documents, Entries on Land, Testing and Sampling |
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785 | (2) |
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Compulsory Physical and Mental Examinations |
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787 | (3) |
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790 | (2) |
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Discovery Before Commencing an Action or Pending An Appeal |
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792 | (1) |
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Depositions in Foreign Countries |
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793 | (1) |
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Use of Discovery at Trial |
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794 | (2) |
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Pretrial Conferences and Orders |
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796 | (8) |
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Disposition of the Action Without Trial |
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804 | (21) |
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804 | (3) |
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Judgment on the Pleadings |
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807 | (2) |
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809 | (7) |
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816 | (2) |
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818 | (1) |
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Miscellaneous Methods of Disposing of an Action Without Trial |
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819 | (6) |
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825 | (52) |
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The Trial Calendar and the Trail Deat |
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825 | (1) |
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Nature and Order of A Trial Date |
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825 | (5) |
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Trial by Jury in Anglo-American Law |
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830 | (3) |
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The Right to Trial by Jury in a Merged System: The Basic Approaches |
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833 | (3) |
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The Right to Trial by Jury in a Merged System: Operation of the Historical And Modern Federal Approaches |
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836 | (11) |
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Right to Trial by Jury Versus Mere ``Incidents'' of the Right |
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847 | (1) |
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The Right ot Trial by Jury in Complex Cases |
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848 | (2) |
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Involuntary Dismissals, Directed Verdicts, Burden of Proof, and Presumptions |
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850 | (8) |
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858 | (12) |
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Variance and Amendments at Trial |
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870 | (2) |
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872 | (1) |
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Verdicts and Findings by the Court |
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873 | (1) |
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874 | (3) |
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Post-Trial Motions, Appellater Review, and Extraordinary Relife from Judgments |
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877 | (20) |
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877 | (4) |
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881 | (9) |
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890 | (2) |
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892 | (1) |
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893 | (1) |
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Extraordinary Relief from a Judgment |
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894 | (3) |
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897 | (78) |
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897 | (3) |
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900 | (15) |
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915 | (24) |
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Parties Bound by Judgments |
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939 | (6) |
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Claim and Issue Preclusion on Questions of Subject-Matter and Personal Jurisdiction |
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945 | (4) |
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Complications Produced by the Federal System |
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949 | (21) |
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Other Preclusion Doctrines: State Decisis, Law of the Case, and Judicial Estoppel |
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970 | (5) |
| Table of Cases |
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975 | (18) |
| Index |
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993 | |
Other versions by this Author
