Author: Sargent Shriver National Center on Poverty Law
Last updated: September 2010
The 2006 Manual, published by the Sargent Shriver National Center on Poverty Law, covers all areas of federal practice for legal aid attorneys. Edited by Jeffrey S. Gutman, Professor of Clinical Law and Associate Dean of Academic Affairs at George Washington University Law School.The manual has been edited and updated as recently as February 2010.
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Federal Practice Manual for Legal Aid Attorneys (html Version)
Preparing for Litigation - Introduction; Factors for Strategic Consideration; The Alternatives and Complements to Litigation, Crafting and Preparing the Lawsuit
Jurisdiction - Courts of Limited Jurisdiction; Pleading Requirements; Federal Question Jurisdiction; Other Jurisdictional Statutes; Litigation Against the Federal Government; Supplemental Jurisdiction; Removal Jurisdiction; Abstention--Discretion to Decline Jurisdiction; State Court Jurisdiction over Federal Claims
The Case or Controversy Requirement and Other Preliminary Hurdles - Standing; Ripeness; Mootness; Exhaustion and Preclusion
Drafting and Filing the Complaint - Drafting the Complaint; Sanctions; Filing the Action
Causes of Action - Express Causes of Action; Implied Causes of Action; Third-Party Beneficiary Contract Cause of Action
Pretrial and Trial Practice - Discovery and Trial Preparation; Conferences and Scheduling; Motions Practice; Alternative Dispute Resolution; Trial Practice; Appellate Practice
Class Action - Whether to Bring a Class Action; Rule 23 Class Certification Requirements; Defining and Managing a Class; Resolution of Class Actions
Limitations on Relief - Enforcing Federal Rights Against States and State Officials; Suits Against Public Officials in Their Individual Capacity; Damage Claims Against Cities and Counties Under Section 1983
Relief - Damages; Negotiated Settlements and Injunctive Relief; Declaratory Judgment Act; Attorney Fees; Costs and Interest
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