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Understanding Civil Procedure, Third Edition [Paperback]

Gene R. Shreve (Author), Peter Raven-Hansen (Author)
4.0 out of 5 stars  See all reviews (6 customer reviews)


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Book Description

0820553689 978-0820553689 May 15, 2002 3
This well-established treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down.

The authors use the Federal Rules of Civil Procedure as a model, but they also refer to different state rules and doctrines where appropriate in order to present a representative cross-section of state models. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further.

--This text refers to an out of print or unavailable edition of this title.

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Product Details

  • Paperback: 624 pages
  • Publisher: Matthew Bender & Co; 3 edition (May 15, 2002)
  • Language: English
  • ISBN-10: 0820553689
  • ISBN-13: 978-0820553689
  • Product Dimensions: 9.4 x 6.4 x 1 inches
  • Shipping Weight: 2.1 pounds
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (6 customer reviews)
  • Amazon Best Sellers Rank: #592,594 in Books (See Top 100 in Books)

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Customer Reviews

6 Reviews
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Average Customer Review
4.0 out of 5 stars (6 customer reviews)
 
 
 
 
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3 of 3 people found the following review helpful:
4.0 out of 5 stars A Good Primer, November 8, 2007
By 
TEK (Lawrence, KS USA) - See all my reviews
This review is from: Understanding Civil Procedure, Third Edition (Paperback)
This book, "Understanding Civil Procedure, 3d", is a good primer. It made it a lot easier to understand the overall context of the materials we were going over in class, especially when some of the topics were covered over the course of weeks. The writing is fairly good and easy to follow. I think if you were to read the section in this book first before reading the relevant federal rules the rules themselves would be a lot more understandable.

This edition is now also a little out of date. I certainly don't think that warrants a one-star review, however. The law is constantly changing, and procedure rules are no different. One subject for which the 3d edition is out of date is the various issues relating to electronically stored information, so watch out for that. Basically, for any rule that has been amended since 2002 you should check extra carefully to make sure this text is accurate.

That being said, I found this primer very helpful. Don't wait until it's time to study for finals to ready it... read it as you go along in class.
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3 of 3 people found the following review helpful:
4.0 out of 5 stars 4th edition is a great explanatory resource for 1st semester, but NOT for outlining or cramming!, April 30, 2010
By 
ClosetNerd (Atlanta, Georgia USA) - See all my reviews
This review relates to the newer 4th edition. This book is published by LexisNexis, so there are no licensed distributors. Important note, I tried to find this elsewhere and ended up paying list price (NOT used to that b/c of Amazon). However this book and two others saved my first semester. The explanations in it are excellent, but there are no examples, hypos, Q&A, or conceptual outlines/checklists/flowcharts. The purpose of this book is to explain the law in depth so you understand the concepts in full. It is easy to understand and reads like a non-fiction novel written by a Ron Chernow (though not 1,000 pages).

It is best if read (lightly) prior to attacking the case book and using the other supplements. I prefer Acing Civil Procedure first and then this book. In summary, if you are having trouble with the loose bottom up approach of casebooks, this series is excellent (except for contracts, did not like that book one bit). I have to knock off a star because of its weak use during 2nd semester compared to its HIGH list price.

I used various supplements for this class. Before buying all of them (like I did) I would go to your law library and look them over, use them for your class and see if they are presented in a way that works for you. If not, then buy whatever you can that is most useful and use the library's books as needed. My biggest mistake was thinking by using supplements to supplement my casebook I would learn less or get screwed up. Professors tell you whether they like supplements or not, but if you use them to prepare for class, still at least go through the cases and take NOTES from what they say, you will do far better.

I will explain the books I used second semester, which is less theory and rules based. Before each class topic I read Acing Civil Procedure (Acing Law School) and then outlined the rule in my own words using the Commentary sections in A Student's Guide to the Federal Rules of Civil Procedure (Student Guides) to fill in and flesh out the rules. I then read through Emanuel Law Outline: Civil Procedure Yeazell (Emanual Law Outlines) skimming and highlighting the key points in my casebook Civil Procedure and adding the extra info to my rule outlines. This made class easy because I simply noted the key comments and wording my Prof used and modified my outline accordingly. After class I quickly organized the rule outline and moved on. This may seem like a lot of time, but it was about 3 hours a week. Beware of spending too much time on the supplements and rule outline BEFORE class. Much of the material in the supplements and casebook is not covered in class and therefore a waste of time.

When many spent extra time making their outlines, mine was complete and I spent an hour or two each week working through hypos and questions from Civil Procedure: Examples & Explanations 5th edition and Glannon Guide to Civil Procedure: Student Manual. I added any issues and fact patterns I came across, to my rules outline. Before the exam I condensed my outlined rules, worked on hypos, and used the hypos we went over in class to see how Prof would work them into the exam. Overall I did not spend much time understanding the cases in their entirety . After the first week of class you should have typed down every question asked in class, because this is what the prof will ask the rest of the year. This makes it easier to skim cases and determine what is necessary and what is a complete waste of memory and time.

For first semester, this was my worst class. My 1st semester Prof was not very good and I did not practice hypos and writing out answers as in 2nd semester. What I learned was to USE SUPPLEMENTS. I used them in half my classes (best grades) and not in the other half (good but worse). I managed to use Emanuel to catch up and made a great outline, but I spent far too much time with my wording in the essays. This is where this book, Acing Civ Pro and Glannon Guide (multiple choice) came in. Even without multiple choice exams, these short practice questions really help hammer out the trickier parts. The hypos help you learn to quickly write out your answer. The Understanding series is GREAT for your first semester, because it more in depth and helps you understand the overall concepts better. Also, many prefer E&E to other books for explanation, but I found it better suited for hypos.

These books collectively were not necessary , but they sure helped. If you are short on cash, the best books from most helpful to least are your required casebook, FRCP Student's guide, Emanuel (if not using Yeazall, the keyed edition to your casebook if possible, if not then case briefs should work), Acing Civ Pro (AMAZING short book with great checklists to work through the rules), Glannon Guide, and then E&E (if used for hypos, although there is a newer ed). For first semester, the Understanding book was excellent to read before anything else (do not read too heavy), because it is highly explanatory. I have found canned briefs useful from online and the various case brief books keyed to your casebook. Acing Civ Pro was the best book, but not the most needed if short on cash. See my other reviews regarding the above books mentioned. However only the first couple paragraphs will be different.

Good Luck, I will try and answer any comments!
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1 of 1 people found the following review helpful:
5.0 out of 5 stars Thorough Introduction, April 16, 2008
By 
Octavian (Chapel Hill, NC) - See all my reviews
This review is from: Understanding Civil Procedure, Third Edition (Paperback)
This is a thorough introduction to a complicated but logically coherent subject. This older edition is a good buy, and worth purchasing. Civil procedure has not changed very much over the last 5 years. Since most first year law students are looking for an overview of the last 200 years of civil procedure, the recent changes are not necessary and are not worth the additional cost for the current version.
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