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About the Book

Civil Procedure: Cases and Problems

Front Cover - Civil Procedure: Cases and Problems

Fifth Edition

Barbara Allen Babcock, Stanford University 
Toni M. Massaro, University of Arizona
Norman W. Spaulding, Stanford University

2013.  Approx. 1,430 pages.  ISBN: 978-1-4548-2267-7.

With Teacherís Manual.

About the Book

Contemporary due process cases lead off Civil Procedure: Cases and Problems, creating a conceptual framework for understanding jurisdiction and procedural rules. Coverage of the social and economic issues underlying procedural reform focuses on women, minorities, and the financial constraints on access to the adversary system. The bookís constitutional context sets the groundwork for advanced courses on Procedure and Federal Courts. Lightly edited classic cases promote analysis and preserve the language and subtlety of procedural jurisprudence. Major Supreme Court precedents are followed and complemented by up-to-date lower court decisions. Hypothetical problems open each chapter and may be used in a variety of ways, including as class simulations or practice exams in review sessions. Concise and focused notes echo the Socratic method and prompt deep consideration of important themes. An extensive Teacherís Manual provides resources for the new teacher and veteran instructor alike.


The completely updated Fifth Edition provides detailed coverage of the Supreme Courtís transformation of pleading practice in Bell Atlantic and Iqbal, with analysis of its effect on lower courts and summaries of scholarly criticism. New rulings by the Supreme Court included cover personal jurisdiction, diversity jurisdiction, Erie doctrine, class actions, and arbitration. The Fifth Edition also provides extended coverage of new developments in scholarship: e-discovery, complex litigation, and alternative dispute resolution. References to important empirical studies on class actions, the new pleading standard, and access to counsel refresh the text. The state-of-the art Teacherís Manual has been enhanced and includes teachable notes for every principal case.

Hallmark features of Civil Procedure: Cases and Problems:

  • contemporary due process cases lead off:
  • create a conceptual framework for understanding jurisdiction 
  • highlight competing values that shape other procedural rules
  • shows social and economic context underlying procedural reform:
  • focuses on women and minorities
  • shows general financial constraints on access to the adversary system
  • offers constitutional context:
  • sets the groundwork for advanced courses on Procedure and Federal Courts
  • classic cases lightly edited
  • promote case analysis 
  • preserve the language and subtlety of procedural jurisprudence
  • major Supreme Court precedents presented:
  • plausibility pleading 
  • class actions
  • personal jurisdiction 
  • arbitration
  • complemented by up to date lower court decisions
  • hypothetical problems open each chapter:
  • use as class simulations in class
  • rehearse as practice exams in review 
  • concise and focused notes echo the Socratic method 
  • extensive Teacherís Manual

Thoroughly updated, the revised Fifth Edition presents:

  • detailed coverage of the Supreme Courtís transformation of pleading practice in Bell Atlantic and Iqbal, including analysis of the effects on lower courts and summaries of scholarly criticism
  • coverage of other new Supreme Courtís decisions 
  • personal jurisdiction
  • diversity jurisdiction
  • Erie doctrine
  • class actions
  • arbitration
  • new developments in scholarship 
  • e-discovery
  • complex litigation
  • alternative dispute resolution
  • new material
  • important empirical studies on class actions
  • the new pleading standard
  • access to counsel
  • enhanced Teacherís Manual with teachable notes for every principal case