US Civil Procedure for International Students: 2021 - 2022 Edition

A Strategic and Comparative Perspective

  • Ray Worthy Campbell (Peking University School of Transnational Law)

     This casebook has been developed for the students of the School of Transnational Law at Peking University. It is based on a decade's experience in teaching US procedure to students who for the most part do not expect to practice as US litigators, and the emphases placed reflect that. In general, the course is taught and the book was written to aid students who may someday find themselves as senior lawyers to international enterprises, for whom an understanding of the US system and its consequences can be important.

     Thanks are due to Laurel Terry of Penn State, who generously shared with me all of her teaching materials when I first began teaching Civil Procedure, some of which undoubtedly appear uncredited in this book.

     I am also grateful to Glenn Cohen at Harvard, whose own online textbook at H2O pointed the way to how an online text could be organized. Harvard's library apparently offers access to book excerpts that we cannot access and my approach is sufficiently different from his that it was easier to start the organization from scratch, but his prior work nonetheless made a huge difference in making this book imaginable, and I am grateful to him and to H2O. Thanks are also due to all the authors of commercial textbooks, whose work similarly reflected deep thought about how to present the subject matter.

     Thanks are also due to my research assistants who did much of the work to make this possible and who contributed many useful insights.

     As in all aspects of my life, thanks are due to my wife, Elaine Claar Campbell, for being who she is.

1. Copyright and Cover

Copyright Information

©2020 Ray Worthy Campbell, licensed CC-BY-SA

No claim is made to copyright on the public domain cases or statutes contained within this volume.

By virtue of the CC license, you are free to:

• Share—copy and redistribute the material in any medium or format

• Adapt—remix, transform, and build upon the material

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• Attribution—You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

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Copyright and Cover
H2O

US Civil Procedure for International Students: 2021 - 2022 Edition

Ray Worthy Campbell

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Table of contents

  1. 1

    Copyright and Cover

  2. 2

    Introduction - Becoming a Great Lawyer

  3. 3

    Dispute Resolution: The Big Picture

  4. 4

    Defining The Objective: Remedies, Appeals, Enforcement of Judgments

  5. 5

    Service of Process and Notice

  6. 6

    Personal Jurisdiction

  7. 7

    Subject Matter Jurisdiction

  8. 8

    Venue and Forum non Conveniens

  9. 9

    Choice of Law and the Erie Doctrine

  10. 10

    Pleading

  11. 11

    Joinder

  12. 12

    Aggregate Litigation: Class Actions, Multidistrict Litigation, and Other Aggregation Devices

  13. 13

    Discovery and Case Management

  14. 14

    Judgments and Adjudication Without Trial

  15. 15

    Trial, The Right to a Jury Trial, and Posttrial Motions

  16. 16

    Claim and Issue Preclusion - Res Judicata

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