Index

• Pages: 245-258
• Author: Samuel Issacharoff

245

INDEX

—————

References are to Pages

ACTIONS

Class Actions, this index

Common law forms, 21

Consolidation, this index

Private rights of actions statutorily

created, 148

Quiet title, jurisdiction, 151

Representative litigation, 86

ADJUDICATIVE COURTS

Inquisitorial courts compared, 197

ADMISSIONS

Evasive, 48

Facts, admissions and denials as

framing, 47

Management of litigation through

disputed issue demands, 200

Pleading, admissions of claims, 25

Sanctions compelling, 49

AFFIDAVITS

Summary judgment practice, 56, 60

AGENCY

Costs, 211

Service of process, agent for, 109

ALTERNATIVE DISPUTE

RESOLUTION

Generally, 205

Class action arbitrations, 208

Federal Arbitration Act, 207

AMENDMENTS

Pleadings, 25

APPELLATE PRACTICE

Generally, 217

See also Standard of Review, this

index

ARBITRARINESS

See Due Process, this index

ASSIGNEES

Party status, 74

ATTACHMENT

Prejudgment, due process, 11

ATTORNEYS

Lawyers, this index

Right to Counsel, this index

BILATERAL MODEL OF

CLASSIC LITIGATION

Generally, 19, 73

Claim preclusion, 194

Issue preclusion, 194

Mutuality of obligation, 194

Preclusion rules, 191

Public law litigation problems, 73

Repose, 194

BILL OF PARTICULARS

Motions for, 33

BURDEN OF PROOF

Generally, 58 et seq.

Conclusiveness of movant’s proof on

summary judgment, 63

Criminal procedure, 58

Directed verdict motions, 60, 63

Discretion of court as to burden

shifting, 60

Lesser or intermediate burdens, 59

Motion practice, 57, 61

Persuasion, burden of, 58

Shifting of burdens

Generally, 57

Production burden, 59

Summary judgment motions, 60

Status quo, burden of party seeking

to change, 58

Sufficiency of facts standard, 57

Summary judgment

Burden shifting on motion for,

60

Conclusiveness of movant’s

proof, 63

Defendant’s burden, 61

Ultimate burden, 63

Ultimate burden in civil cases

Generally, 57

Summary judgment, 63

CAUSE PRECLUSION

Duration of preclusion, 195

CERCLA

Pleading, specificity requirements, 29

CIVIL LAW

Common law systems compared, 197

CIVIL RIGHTS CLAIMS

See also Public Law Litigation,

this index

Class action resolution, 97