Summary Judgment and Other Preclusive Devices

Summary Judgment and Other Preclusive Devices cover

Summary Judgment and Other Preclusive Devices

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Description

The procedures of summary judgment as well as other preclusive devices have been hailed by many as an effective solution to the current overload facing American courts. In addition to promising speed, these alternative methods also contribute to reduced legal and court costs. Freedman presents a comprehensive discussion of the major preclusive legal mechanisms, amply supported by relevant case law and decisions. The author not only describes the use of such devices in detail but also indicates the circumstances under which such actions are most likely to be successful.

Following an introduction, Freedman presents an in-depth treatment of the motion for summary judgment and adjudication without trial. A general chapter on accelerated judgments is followed by a detailed description of the declaratory judgment. Subsequent chapters explore the uses of various preclusive techniques including provisional remedies, requests for admission and other time-saving devices, intervention and interpleader, release-dismissal and settlement agreements, bifurcation, and the summary jury trial. A separate chapter is devoted to the preclusive doctrines of res judicata and collateral estoppel, while the concluding chapter discusses court sanctions for nonpreclusion. Taken as a whole, this is a cogent, well-documented exploration of the use of preclusive methods in contemporary litigation.

Table of Contents

Preface
Introduction
The Motion for Summary Judgment
Adjudication without Trial: Common Preclusive Devices
Accelerated Judgments: An Overview
The Declaratory Judgments
Provisional Remedies: An Overview
Requests for Admission and Other Time-Saving Devices
The Art of Intervention
The Act of Interpleader
Release-Dismissal and Settlement Agreements
The Preclusive Doctrines of Res Judicata and Collateral Estoppel
Bifurcation as a Preclusive Trial Technique
The Summary Jury Trial
Court Sanctions for Nonpreclusion
Index

Product details

Published Nov 06 1989
Format Hardback
Edition 1st
Extent 210
ISBN 9780899303772
Imprint Praeger
Dimensions 235 x 156 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Warren Freedman

WARREN FREEDMAN, a member of the New York, Federal…

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