Civ Pro Outline 2006[1]

Civ Pro Outline 2006[1] - Knepley E_ Civ Pro - 2006 I....

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
Knepley – E_____ Civ Pro - 2006 I. Introduction to Litigation and Procedure The Structure of the Civil Justice System Fed. Litigation - Fed. v. State Litigation o 98% of litigation is state - 250,000 cases/yr (45k US is a party) o 4% tried; 96% not tried 33% settle 10% abandoned 60% resolved judicially - Fed. Trials o 43% take 1 day or less o See PP1:3 for full breakdown - Puzzle of Decreasing Trial Rate o 1937 before FRCP 20% fed. cases tried o 1990 Only 4% cases tried Caseload increased 6x Judiciary grew 3x Therefore, judicial workload increased 2x o Answer: Managerial Justice Judges act as umpires Judges cajole parties into settling All parties have fostered an environment of settlement pre-trial ADR - Time to Justice o PP1:4 - Depending on what type of plaintiff you are, certain types of remedies might satisfy you o Declaratory relief might be good for environmentalist You can take it to the news media o Injunctive relief might be good for civil rights activists Order from the court o Certain cases carry attorney’s fees as damages Equal Access to Justice Act If gov’t is pushing it and they lose you can collect attorney’s fees in non-tort, non-IRS cases o Prison Litigation Relief Act (PLRA) Capped recoverable attorney’s fees at 150% of actual economic damages
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Knepley – E_____ Civ Pro - 2006 Prior to this 1/6 of all filings were brought by prisoners Crowley thinks it overcompensated Meant to stop nuisance cases: but effectively stopped legitimate cases o Economic damages especially for prisoners are generally low Crowley’s Defense of Civil Litigation System - PP1:4-8 - Typical Civil Action o PP1:5 Access to Justice - PP1:6 - Litigation still largely unavailable to the middle class o Remedies Pre-paid legal service Legal service as employee benefit Legal Aid organizations: referral networks Why Litigate? Questions Lawyer must ask herself before deciding to commence litigation 1. What can litigation do for my client? 2. What is litigation going to cost my client? 3. Is there a better way of accomplishing what my client hopes to obtain from litigation? Incentives to Litigate – Remedies v. Access to Justice - Your rights are only as good as your remedies - Remedies o The volume of litigation should be regulated—increased or decreased—by changing the remedies avail through litigation o Compensatory Damages Replace the concrete loss of P Cannot be reduced by collateral relief (insurance) Reward someone for being diligent and safe by getting insurance o Punitive Damages To deter and gain retribution - Access to Justice o Regulate volume of litigation by making it easier or harder for litigants to pay for attorneys’ fees and court costs
Background image of page 2
Knepley – E_____ Civ Pro - 2006 o British v. American Rule British Rule – losing party pays both its fees and the other sides’ American Rule – each party pays its own legal fees Exceptions to the “American Rule”
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/06/2008 for the course LAW 510 taught by Professor Croley during the Summer '06 term at University of Michigan.

Page1 / 67

Civ Pro Outline 2006[1] - Knepley E_ Civ Pro - 2006 I....

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online