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Civil Procedure

5th Edition
Samuel Issacharoff
ISBN: 9781685610258
Subject: Civil Procedure
Format: Print - Softbound
Page Count: 270
Copyright: 2022 | Status: In Stock
Other Formats Available
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This book analyzes legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book is to examine the overall structure of public dispute resolution through six basic concepts:

1. rudimentary fairness and the trade off between equity and efficiency;
2. defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information;
3. defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation;
4. defining the power of the courts;
5. securing finality; and
6. the costs of procedure.


Imprint: Foundation Press
Series: Concepts and Insights
Publication Date: 06/15/2022

Samuel Issacharoff, New York University School of Law

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This new edition brings up to date how new legal doctrines advance or hinder the aims of a procedural system. In recent years, courts have recast the jurisdictional reach of state and even national courts confronted with a globalizing world. Multiparty disputes now command a growing share of the federal docket. The law of preclusion commands a more central role in providing complete resolution. And even the initial pleading standards for initiating a legal dispute are being elevated. All this defines a complex procedural system in which trials continue to diminish, and courts assume challenging roles as the situs for many of the most contentious disputes of the day. With this new edition, the conceptual structure which defines this book is brought up to the moment of contemporary procedure.

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