Civil Procedure I Outline

Civil Procedure I Outline - Civil Dispute Resolutions I...

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Civil Dispute Resolutions I Procedural Law = “The rules that prescribe the terms steps for having a right or judicially enforced, as opposed to a law that defines the specific right or judicial themselves” Procedure = “The judicial rule or manner 4 carrying on civil lawsuit or criminal prosecution” Introduction to Federal Procedure Rules U.S. Supreme Court (Supreme Court Rules) o Civil o Criminal Court of Appeals (Federal Rules of Appellate procedures) o Civil o Criminal District Court (Federal Rules of Civil Procedures) o Civil o Criminal Rules Differ Other Sources of Federal Procedural Law 1)U.S. Constitution – trumps any other law! 2)Federal Statutes – enacted by Congress, signed by the President 3)“Local” Court Rules – fit w/ bigger rules, ‘housekeeping type rules’ a. These are their own rules governing on top of the frcp – each locale has their own more than likely 4)Case law (interpretive, Common Law) a. Lowest form of Law, unless overruled 5)** Litigation is not the only means of settling disputes, one may turn to alternative dispute resolution (ADR) Courts: ** The First Major procedural decision is the selection of a proper court 6)Supreme Court (S. Ct. rules), applies to both civil and criminal 8)District Court (Fed. R. Civ. P.), only civil DC’s are federal DC’s a. No matter what DC you are in, if it is civil, you will always used the federal rules of civil procedure 9)Every state has at least 1 federal district court/ many have 2 or more 10) Appellate courts are divided into 13 circuits a. 1 through the 11th circuit & District of Colombia review cases from district courts located w/i geographic boundaries b. The 13th circuit is the Federal circuit Subject matter, not geographical. 1. Federal Rules of Procedure 2. In general: 1. Emphasis is on civil procedure, not criminal 2. Emphasis is on Federal Procedure, not criminal 11) Adopt by supreme court in 1937 12) Became effective in 1938… 13) Amendments have been made since then, (now…almost every yr.) a. The Federal rules reject the view that the case is “set in stone” once the pleadings are completed. Instead, the Rules reflect a liberal policy toward changes (called amendments to the pleadings) 14) Drafted by committee 1
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15) Approved by U.S. Supreme Court 16) Submitted to Congress for disapproval. 17) About 90 Rules 18) About 40 Forms -- 19) Federal Rules serve a model for state rules 20) Rules themselves are another type of law a. Essentially at level of Statutes. Rule 1: “ Scope of Rules Govern Procedure (not substance) In U.S. District Courts (here only) In all civil proceedings (except in Rule 81) 99% of the time o EXAM ANSWER Not all, just Almost b/c of rule 81 “Shall be construed & administered to secure the just, speedy, & inexpensive determination
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Civil Procedure I Outline - Civil Dispute Resolutions I...

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