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CIV_PRO_OUTLINE[1]

CIV_PRO_OUTLINE[1] - Civil Procedure Outline Fall I...

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Civil Procedure Outline, Fall I. Introduction a. Basic Information i. Substantive law: rules governing people in organized society in their day- to-day conduct; may be embodied in a legislative enactment 1. Common law often the source—decisions and opinions of courts 2. State the rights and duties among people and show circumstances when court can grant redress upon complaint ii. Frequent questions: 1. Question of fact What happened? 2. Question of law What is the substantive rule? iii. Government prescribes procedures by which people can bring disputes 1. Procedural rules govern conduct of litigation ; ensure that litigation will be accurately resolved in a fair and orderly way as expeditiously and economically as possible 2. Provide means of showing precisely what conflict is about 3. Designed to isolate and sharpen issues in controversy and ideally simplify dispute iv. Often difficult to draw the line between substance/procedure (ha just wait) b. Sibbach v. Wilson & Co. (1941): The Supreme Court has the authority under the Rules Enabling Act to create rules of federal civil procedure which govern the entire realm of procedure . i. Question of whether Sibbach can be forced to submit to a physical exam ii. Rules Enabling Act of 1934 (REA): authorized uniting law and equity to secure one form of civil action. Now it is USC §§ 2072-2074 1. SC can prescribe rules of procedure for U.S. federal courts 2. These rules cannot abridge, enlarge, or modify substantive right 3. SC must give Congress a prescribed rule 4. Repealed the Conformity Act of 1872, by which federal courts were to conform to prevailing state procedure—chaotic iii. Rules Decision Act, USC §1652: federal law cannot affect substantive state rights iv. Sibbach asserts that there is a realm of procedural matter that exists beyond the REA because these procedural rules affect substantive rights and that in those cases, the Conformity Act should apply 1. Sibbach faces a dilemma. If the order to submit is: a. Substantive: RDA Indiana law (because incident arose there) submit to physical exam b. Procedural: REA Rule 35 Physical exam v. Roberts’s argument 1. Congress must admit that there is a division between substance and procedure or else there would be endless litigation 1
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a. Procedure = judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for disregard or infraction of them b. Substantive law = A right that can be protected or enforced by law c. CIRCULAR DEFINITIONS!
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