Civil Procedure Law – Principles, Practice, and Operational Environment

Author: (USA) Steven N. Subbotin, Martha L. Miller, Mark N. Boudreau, Thomas O. Meese | Translators
Publisher:
Publish Date: 2004-03-20
Features: It is a great pleasure for this casebook to be translated into Chinese and presented to Chinese readers. I have taught Civil Procedure in China before, and I understand how diligent, thoughtful, and active Chinese law professors, judges, lawyers, and law students are in their studies of Civil Procedure, whether it concerns Chinese or foreign procedural law. In this textbook, my co-authors and I have attempted to present the American civil procedure to students from three dimensions: first, the principles of the procedure; second, the context in which these principles develop and operate; and third, the implications embedded in the practice of lawyers applying these procedures. I hope that as you read this book, you will reflect on the relationship between American civil procedure and the American society, politics, and economic environment of which it is a part, and you will use the exercises to consider how American lawyers actually apply procedural rules in their cases. There are two themes that have helped shape my understanding of civil procedure. One is my curiosity about the relationship between civil procedure and literature: which parts of the parties' stories should courts consider and which should be ignored. What is the difference between this and the question faced by novelists and historians? The other is that, in my view, the issues of power and fairness are constrained by the creation and operation of any civil procedure system. When you engage in the study of American civil procedure or the procedures of any other country, it is fascinating and worth pondering to consider literature, power, and fairness in civil procedure and civil litigation. Wishing everyone the best in your studies!