Chapter 2 Civil Litigation Lecture Notes

Chapter 2 Civil Litigation Lecture Notes - Lecture Notes...

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Lecture Notes Chapter 2 The Judicial Branch Justiciable controversy : Chief Justice Hughes stated an excellent definition of it in the 1936 decision in Aetna Life Insurance Co. v. Haworth (300 U.S. 227). He stated that a justiciable controversy may not be hypothetical, abstract or moot. Instead, it must be “definite and concrete, toughing the legal relations of parties having adverse legal interests…a real and substantial controversy admitting of specific relief through a decree of a conclusive character.” Courts and Remedies : The remedy that the plaintiff seeks relates back to the purpose and jurisdiction of the courts. Recall that the law tree is rooted in the English legal system. A few notes may be in order. The Magna Carta was signed in 1215. Over the next several hundred years it provided the basis under which the English legal system was developed. This important document had a significant influence upon the drafters of the U.S. Constitution. It was essentially a limitation on
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