Description

Civil Procedure Theory and Practice 6th edition Linda J Silberman

ISBN: 9781543838824 & 978-1543838824

Civil Procedure: Theory and Practice, Sixth Edition combines a rigorous, thought-provoking approach with a clear and accessible presentation. Using the Socratic method, the text fosters strategic and critical thinking, supported by introductory explanations, examples, and hypotheticals that prepare students for real-world practice. Balancing clarity with intellectual depth, the casebook encourages students to actively engage with the material to uncover deeper insights.

An introductory chapter provides a broad overview of the litigation process, using actual pleadings and discovery materials from the landmark New York Times v. Sullivan case. The unique “Anatomy of a Litigation” case study follows a hypothetical case from pleading to verdict, connecting procedural concepts to their practical application in the courtroom. Comprehensive in scope, the book covers all key areas of Civil Procedure, including personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution, with extensive notes and questions to deepen understanding.

New to the Sixth Edition:

• Professor Aaron D. Simowitz of Willamette University College of Law joins as co-author, contributing particular expertise in personal jurisdiction and transnational enforcement of judgments.
• Chapter 2 has been updated to include the Supreme Court’s decisions in Ford Motor Co. v. Montana Eighth Judicial District Court and Bristol-Myers Squibb v. Superior Court of California on personal jurisdiction.
• Chapter 5 features modest refinements to improve flexibility for instructors using the case study.
• Chapter 7 introduces a new section on defense preclusion, shaped around the Court’s ruling in Lucky Brand Dungarees v. Marcel Fashions.
• Chapter 8 expands its discussion of class actions, incorporating developments regarding ascertainability under Rule 23 and tolling under American Pipe & Construction Co. v. Utah.
• Chapter 10 presents a revised and expanded discussion of the Federal Arbitration Act and related Supreme Court jurisprudence.

Key Features:

• Encourages critical thinking through the Socratic method, guided by helpful introductory text, examples, and hypotheticals.
• Presents a sophisticated but approachable explanation of civil procedure, requiring student engagement for deeper comprehension.
• Offers a flexible organizational structure, suitable for both semester- and year-long courses ranging from 3 to 6 units.
• Integrates doctrinal coverage with contextual lawyering insights and practical strategy.
• Features real pleadings and discovery materials to introduce students to core litigation documents.
• Includes a distinctive, detailed case study that walks students through the litigation process step-by-step.
• Provides comprehensive and thoughtful coverage of essential topics like jurisdiction, joinder, preclusion, and ADR.
• Rich explanatory notes and conceptual questions reinforce analysis and classroom discussion.

This edition continues to serve as a comprehensive, engaging, and practical foundation for students preparing to enter civil litigation practice.

Civil Procedure Theory and Practice 6th edition Linda J Silberman 2022

ISBN: 9781543838824 & 978-1543838824