Civil Procedure: Examples and Explanations

by Joseph W. Glannon

There are two types of Civil Procedure students —— those who use Glannon's helpful paperback and those who end up wishing they did. This phenomenally popular paperback text entered its Third Edition with the unqualified endorsement of students who consider it a survival guide and teachers who recognize it as a worthy partner to any casebook. In the hallmark Examples & Explanations Series style, the book follows a consistent format: each chapter contains explanatory text followed by questions which test student understanding, which are in turn followed by suggested answers.

While preserving his distinctive style and approach, Glannon's revisions reflect recent case law and changes in the Rules, such as:

—service of process (Rule 4)

—venue

—an enhanced section on discovery including two new chapters address the scope of discovery under Rule 26 and the major tools of discovery

CIVIL PROCEDURES: Examples and Explanations, Third Edition emphasizes personal and subject matter jurisdiction, res judicata, and collateral estoppel. Six full chapters illustrate pleadings and motions, with thorough explanation for the lawyers' strategy. To show how doctrines operate in relation to one another, several chapters compare and contrast related doctrines, such as:

—joinder and jurisdiction

—judgment n.o.v.

—res judicata and joinder

Glannon also explains corollaries and qualifications of the doctrine, and offers an unmatched treatment of Erie.

By taking an unpretentious approach to civil procedure and using humor and historical names where appropriate, Glannon puts complex concepts within reachof the typical student.

Table of Contents

Preface to Students

Acknowledgements

Special Notice

PART ONE: CHOOSING A PROPER COURT

1. Personal Jurisdiction: The Enigma of Minimum Contacts

2. Statutory Limits on Personal Jurisdiction: The Reach and Grasp of the Long—Arm

3. Seeking the Home Field Advantage: Challenges to Personal Jurisdiction

4. Diversity Jurisdiction: When Does Multiplicity Constitute Diversity?

5. Personal and Subject Matter Jurisdiction Compared: The First Two Rings

6. Second—Guessing the Plaintiff's Choice of Forum: Removal

7. Proper Venue in Federal Courts: A Rough Measure of Convenience

8. Choosing a Proper Court: The Three Rings Reconsidered

PART TWO: STATE LAW IN FEDERAL COURTS

9. Easy Erie: The Law of Rome and Athens

10. Eerie Erie: The Substance/Substance Distinction

11. Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos

PART THREE: THE SCOPE OF THE ACTION

12. Sculpting the Lawsuit: The Basic Rules of Joinder

13. Into the Labyrinth: Joinder of Parties under Rule 14

14. Jurisdictional Fellow Travelers: Supplemental Jurisdiction

15. Jurisdiction vs. Joinder: The Difference between Power and Permission

PART FOUR: STEPS IN THE LITIGATION PROCESS

16. The Bearer of Bad Tidings: Service of Process in the Federal Courts

17. Getting Off Easy: The Motion to Dismiss

18. The Scope of Discovery: The Rules Giveth, and the Rules Taketh Away

19. Tools of the Trade: Basic Methods of Discovery

20. Defective Allegation or Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment

21. The Judge and the Jury, Part One: Judgment as a Matter of Law (Directed Verdict)

22. The Judge and the Jury, Part Two: Whose Case Is This, Anyway?

PART FIVE: THE EFFECT OF THE JUDGEMENT

23. Res Judicata: The Limits of Procedural Liberality

24. Res Judicata and the Rules of Joinder: When Does May Mean Must?

25. Collateral Estoppel: Fine—Tuning the Preclusion Doctrine

26. The Obscure Kingdom: Nonmutual Collateral Estoppel

PART SIX: THINKING PROCEDURALLY: THE RULES IN ACTION

27. An Introduction to Pretrial Litigation: Setting the Stage for the Schulansky Case

28. First Moves: Schulansky Goes to Court

29. A Change of Forum: Ronan Removes to Federal Court

30. The Defendant's Perspective: Ronan's Answer and Counterclaim

31. Chain Reaction: Ronan Brings in Jones

32. Preliminary Objections: Jones Seeks a Way Out

33. A Tactical Dilemma: Ronan's Motion for Summary Judgment

Index

Genres: Law, Legal, Nonfiction, Reference

615 pages, Paperback

First published January 1, 1992

Reviews

[Mallika]

this book is my saving grace, best purchase ever

[Galen Green]

live love glannon

[AK]

I used this E&E in my first year, helped out a lot. Civil Procedure is pretty arcane and weird as far as 1L courses go -- there's not as much "common sense" stuff as you'll find in Criminal Law or Torts. On the other hand, that means you can approach it from a purely "I have to just learn these rules" perspective, which might work well for some students.

Either way, Glannon's E&E is highly spoken of for good reason. Go ahead and get it, though it's probably better not to attend law school at all. I wanted to be an astronaut when I was 10, and now I spend all day reading documents and managing cases. There isn't enough liquor in the world to help me -- good thing I quit drinking.

[Grayson]

Civil procedure is totally fascinating and this is a pretty good E&E. The rules of subject-matter and in personam jurisdiction, removal, lass actions, and venue set the stage for the intricate game of the civil trial. The advanced concepts like transference of venue and which venue's law controls are pure logic-game fun. I'm actually serious.

[Emma Wallace]

Better than the other civ pro books but still awful

[Michael I]

amazing supplement. the examples are great. only not a 4 star because not as nuanced as what I learned in class.

[Clé]

this book taught me the true meaning of joy. and by that I mean the joy I feel by having to never read it ever again

[Nick]

What can I say? My CivPro professor assigned this in lieu of a casebook. For this I am grateful. Glannon makes the subject about as palatable and accessible as it can be. However, as it is a first-year law school textbook, I necessarily have love-hate relationship with it, so please view the rating accordingly (in an apples-and-oranges sense, that is; I am not saying that the CivPro E&E is "better" than The Sea Wolf.

[Ke]

Though I did not finish the book, I read and completed the exercises that were relevant to my Civ Pro classes. The main reason I found this E&Es to be better than others (e.g. Contracts, Crim Law), is that Professor Glannon balances explaining the material and providing practice exercises.

That said, there were also good alternatives to reading this book, such as Civ Pro flash cards.

[Gavin]

All things Examples and Explanations are good in my book.

[Todd]

Blegh.

[Michelle]

Yep, that's right. Go Glannon. A law student/federal law clerk/litigator's best friend .... sigh.

[Nick Bentley]

The essential text come exam week. Summed up months of lectures in a few handy pages.

[Chris]

There are a lot of laws in the US

[Brian]

Saved my butt in Civil Procedure. Interesting problems to test application of Civil Procedure concepts.

[Theodore Hasse]

This is another favorite hornbook from law school. Great book.

[Karidickinson]

I never would have passed Civil Procedure without this book! It's excellent.

[Ben]

This book made CivPro much easier. The questions at the end of each chapter are where the money is.

[Kathryn]

Wonderful and clear.

[Zoe]

I use it as a supplement for my civil procedure class and I find it really useful!

[Cathey]

Very well done, easy to read and understand. I especially enjoy the Examples sections.

[Marcus]

A must read for the first year law student. It doesn't go through enough the first year material to sufficiently prepare a student for their final, but it does cover important material.

[Desiree Finkbeiner]

good resource for students OR people who want to become educated for their own personal use.

[Jon-David]

It was pretty helpful in understanding civil procedure. It was actually required reading in my civ pro class.

[Matt]

great resource for first year law students.

[Earl]

TL;DR

[Amy]

This book helped me understand Erie. Enough said.

[Jessica]

Read this for my Civil Procedure exam 1L year. 'Nuff said.