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About the Book

Civil Procedure: Cases and Problems 5E

Front Cover - Civil Procedure: Cases and Problems 5E

Fifth Edition

Allan Ides
Loyola Law School

Christopher N. May
Loyola Law School

Simona Grossi
Loyola Law School 

2016. 1312 pages. ISBN: 978-1-4548-6331-1. With Teacher's Manual.

About the Book

Civil Procedure: Cases and Problems covers all topics in the first-year canon of civil procedure, and some topics in advanced litigation classes (e.g., class actions, appeals). It is organized with the reality and complexities of civil litigation in mind, and follows the litigation sequence, from pleading through preclusion. Each chapter takes a practical as well as analytical approach, through (a) a series of Supreme Court and lower court opinions, (b) notes preceding and following those opinions intended to explain the underlying doctrines and principles behind them, and (c) problems intended to assess and refine students’ understanding of doctrines and their rationales. Ultimately, this casebook demands that students read carefully and at a detailed level, analyze critically, and apply the law from the perspective of the theories underlying the various doctrines. It provides an effective vehicle through which to teach legal analysis and to gently nudge students forward and deeper into the materials.

Hallmark features of Civil Procedure: Cases and Problems:
• A demanding and analytical approach to the first-year procedure canon
• The inclusion of over 200 problems, including detailed review problems at the end of each chapter
• Progressive coverage of doctrine that takes the students from the basics to a more sophisticated appreciation of the principles and the theories
• An organization that is designed to promote learning and a full appreciation of the law of procedure
• A comprehensive Teacher’s Manual that includes suggestions for how to present the material and a detailed analysis of the book’s more than 200 problems
• Annual statutory and case supplement

Thoroughly updated, the Fifth Edition presents:
• New co-author Simona Grossi (a tenured professor at Loyola Law School), whose background in both the common law and civil law tradition has added novel ideas and a fresh approach to this edition.
• While the 5e adheres to the teaching philosophy and problem-oriented approach that has characterized all previous editions of this casebook, it also embodies major revisions designed to enhance the teaching and learning experience. To that end, new materials have been added, presentations have sometimes been reorganized and streamlined, and some materials have been set aside or replaced. Most importantly, the authors have tested these new materials in the classroom and modified them according to their effectiveness as a teaching tool.
• A new Chapter I introduces students to “the claim” and to the multifaceted role the claim plays in the law of procedure. In fact, “the claim” operates as a thread that runs through the subsequent chapters, helping students see the big picture of procedure as we move through the other chapters. This chapter then takes the students deeply into the law of pleadings, contrasting the old approach with the new one, and offering a review of the divergent approaches lower courts have endorsed to the newly minted “plausibility” standard. The chapter ends with a challenging problem that requires students to examine a complaint at a detailed and inferential level, pushing them beyond the obvious. It is tough material for the first few weeks of law school, but the authors have tested it in the classroom and the approach has proven successful—the students have mastered the analysis and its nuances. In doing so, they have built a solid foundation in legal analysis that will benefit them throughout law school.
• Several of the chapters have been significantly revamped, e.g., those on personal jurisdiction and subject matter jurisdiction. The new versions incorporate the most current cases and provide a deeper coverage of the basic doctrines. The authors are mindful of the reduced units many schools have imposed on the first-year procedure course, and have therefore tried to streamline these chapters, yet without simplifying them.
• Parts of other chapters have been rewritten to make them more teachable. For example, after reflection on students’ struggles on Rule 19, the relevant material, once organized around Provident Tradesmens Bank & Trust Co. v. Patterson, is now organized around the text of Rule 19, using cases, including Provident, and problems as explanatory of that text. This new approach has also proven more effective in the classroom. 

Preface / Sample Chapters