Litigating In Federal Court

This book is designed to provide guidance to the law student or litigator as to the applicable rules-and the inter-relationship among those rules-for all of the stages of a federal civil lawsuit. The Federal Rules of Civil Procedure are not sufficiently organized or cross-referenced to allow law students or litigators to easily understand the relationships among the rules, or to make sure that all relevant rules have been consulted. Litigating in Federal Court seeks to remedy this deficiency. The second edition of this book includes all of the updates to the Federal Rules of Civil Procedure that have occurred since the last edition was published, as well as some additional material on changing litigation trends such as e- discovery. As in the first edition, Litigating in Federal Court is divided into two parts. The first part of the book covers all of the stages of federal court litigation, including a short narrative discussion of each stage and one or more charts showing the applicable rules and their relationship to each other. These charts have been drafted and re-drafted based on Professor Woodley's experience as a federal court clerk, a litigation associate in a law firm, and a professor of Civil Procedure and Pretrial Advocacy for many years. The second part of the book contains multiple checklists for drafting most of the documents used in the pretrial process (which include citations of the basic relevant rules). This extremely practical, yet analytically complex, guide to federal court litigation is a valuable resource for law students and litigators alike.

Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.

This book is designed to provide guidance to the law student or litigator as to the applicable rules--and the inter-relationship among those rules--for all of the stages of a federal civil lawsuit. The Federal Rules of Civil Procedure are not sufficiently organized or cross-referenced to allow law students or litigators to easily understand the relationships among the rules, or to make sure that all relevant rules have been consulted. Litigating in Federal Court seeks to remedy this deficiency. Litigating in Federal Court is divided into two parts. The first part of the book covers all of the stages of federal court litigation, including a short narrative discussion of each stage and one or more charts showing the applicable rules and their relationship to each other. These charts have been drafted and re-drafted over a period of years in order to best represent the knowledge of litigation that Professor Woodley has acquired in the process of learning, teaching, and using the litigation process. The second part of the book contains multiple checklists for drafting most of the documents used in the pretrial process (which include citations of the basic relevant rules). This extremely practical yet analytically complex guide to federal court litigation will prove to be a valuable resource for law students and litigators alike.

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.