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Topic: Civil procedure


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  Civil procedure - Wikipedia, the free encyclopedia
Civil procedure is the written set of rules that sets out the process that courts will follow when hearing cases of a civil nature (a "civil action").
California is the odd exception in that its homegrown civil procedure system is enshrined in statutory law (the Code of Civil Procedure), not in rules promulgated by the state supreme court or the state bar association.
These are collectively known as the Civil Procedure Rules 1998 and in all but some very confined areas replaced the older Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules.
en.wikipedia.org /wiki/Civil_procedure   (344 words)

  
 LII: Law about...Civil Procedure   (Site not responding. Last check: 2007-11-06)
Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials.
"Civil trials" concern the judicial resolution of claims by one individual or group against another and is to be distinguished from "criminal trials," in which the state prosecutes an individual for violation of criminal law.
A good procedural system should provide guidelines as to what information is received by the judge or jury, how that information is to be presented, and what by standards of proof ("beyond a reasonable doubt," "by clear and convincing evidence," "by a preponderance of the evidence") the information will be adjudged.
www.law.cornell.edu /topics/civil_procedure.html   (362 words)

  
 Civil Divorce Procedure & Biblical Putting Away: Are They Synonymous?
If any civil procedure was specified as synonymous with the biblical term "put away," it would be the procedure of Deuteronomy 24:1-4 alluded to in Matthew 5:31-32, Matthew 19:3-9 and Mark 10:2-12.
Yet, some assume the action is completed with the judge's gavel at the end of the civil proceedings, assume the text says such, bind it as divine law, and accuse one of teaching error for opposing their assumptions and human edicts.
Yet, advocates of this human doctrine seek to mandate one procedure as the only means to "put away" the guilty, despite the fact that Scripture nowhere binds that procedure as the sole action by which putting away is accomplished.
www.biblebanner.com /articles/mdr/put_HO.htm   (5228 words)

  
 Comparative Civil Procedure
Essays on transnational and comparative civil procedure = Scritti sul diritto processuale civile transnazionale e comparato.
As Civil Procedure has been traditionally considered as being governed by lex fori (the law of the state where the proceedings take place), primary and secondary sources for this subject should be researched jurisdiction by jurisdiction.
Appellate procedure in the context of the new law of civil procedure.
www.law.nyu.edu /library/foreign_intl/civilproc.html   (4106 words)

  
 John H. Langbein , THE GERMAN ADVANTAGE IN CIVIL PROCEDURE   (Site not responding. Last check: 2007-11-06)
The code of criminal procedure has a more explicit standard for such cases, which is worth noticing because the literature suggests that courts have similar instincts in civil procedure.
A main virtue of German civil procedure, we recall, is that the principle of judicial control of sequence works to confine the scope of fact- gathering to those avenues of inquiry deemed most likely to resolve the case.
In the context of comparative civil procedure, the question is whether the jury tradition that underlies the Anglo-American concentrated trial is a true "grand discriminant,"' capable of preventing conver gence toward Continental procedure.
www.law.harvard.edu /publications/evidenceiii/articles/langbein.htm   (14648 words)

  
 www.cali.org - CALI Lessons Subject List   (Site not responding. Last check: 2007-11-06)
The student is given sets of pleadings in civil cases and asked to identify issues that would be raised on a demurrer or motion for judgment on the pleadings.
These issues of civil procedure are typically considered in the second semester of a first year course.
Rule 12 of the Federal Rules of Civil Procedure provides that certain defenses, including lack of jurisdiction, improper venue, and failure to state a claim, can at the pleader’s option be brought by motion prior to filing a responsive pleading.
www2.cali.org /index.php?fuseaction=lessons.subjectlist&cat=civ   (2617 words)

  
 Alaska District Court Rules of Civil Procedure
The procedure for the examination of jurors shall be governed by Civil Rule 47.
The procedure on appeal shall be governed by the rules for appeal of judgments of the district court to the superior court, except that the superior court shall grant trial de novo if the proceedings in the district court were not of record.
Except as to judgments entered on default or by consent or on confession, no execution shall issue upon a judgment of the district court nor shall proceedings be taken for the enforcement of such judgment until the expiration of two days after the date shown in the clerk's certificate of distribution on the judgment.
www.state.ak.us /courts/dciv.htm   (4975 words)

  
 [No title]
The court shall try to proceed the civil procedures fair and speedy, while the parties shall pursue the civil procedures with faith and sincerity.
Civil Code (Law No. 89 of Meiji 29th) and the other laws and regulations shall be applied with respect to the capacity to be a party, capacity for a suit and legal representation for a person incapable for a suit, except in case there is any provision to contrary.
Any procedural action made by a person who does not have litigation capacity, legal representation or authorization necessary for procedural action will become valid retroactively by the ratification of a person who becomes to have such capacity or legal representative.
www.japanlaw.co.jp /procedure/civilcode.html   (2651 words)

  
 Legal Guides - Civil Procedure
Whether a matter is heard in one court or another depends upon a variety of factors, including whether state or local laws are at issue, the dollar amount of the claim, and whether the matter is being appealed.
Superior Court is the trial court for many civil and criminal matters in Arizona and is known as a court of general jurisdiction.
Civil procedure is the set of rules and procedures which governs the actions of all parties involved in a civil court action.
www.law.arizona.edu /Library/internet/publications/library/guides_legal/civ_pro.htm   (1296 words)

  
 Civil Procedure Web Tutorial - SMU Dedman School of Law   (Site not responding. Last check: 2007-11-06)
This Internet tutorial is designed to give you an introduction to how the Socratic method works in a first year Civil Procedure class in law school.
Imagine that you have been assigned to Professor Dorsaneo's Civil Procedure class, and that this will be the very first class you attend in law school.
Professor Dorsaneo expects to be able to call on any student in class, and through a series of questions and responses to the student's answers to those questions, help all the students in the class understand the case they have been assigned to read.
www.law.smu.edu /firstday/civil_procedure   (159 words)

  
 The Courts of Nova Scotia
The Civil Procedure Rules govern proceedings in the Nova Scotia Court of Appeal and the Supreme Court, including the Family Division of the Supreme Court.
The Civil Procedure Rules are made and amended by the Judges of the Supreme and Appeal Courts under the authority of the Judicature Act R.S.N.S. 1989, c.
Pursuant to section 47 of the Judicature Act, all changes to the Civil Procedure Rules must be published in the Royal Gazette and are effective the date of publication in the Royal Gazette.
www.courts.ns.ca /Rules/toc.htm   (417 words)

  
 CODE CIVIL PROCEDURE 585D   (Site not responding. Last check: 2007-11-06)
American Society of Civil Engineers (ASCE) American Society of...
This booklet is intended as a reference guide for use by the students...
Civil Code) Sweden Consent 1* Consent 1* Consent 1* Consent 1* 18 USA...
www.trot.org.uk /codecivilprocedure585d   (153 words)

  
 Civil Procedure Resources
This quick topic guide was created for students conducting introductory research in the area of civil procedure.
55-volume treatise covering all aspects of federal civil, criminal and appellate procedure, including rules of procedure and evidence, the federal judicial system, jurisdiction of all federal courts, venue, removal of cases, res judicata, relation of state and federal courts, multidistrict litigation, and more.
Comprehensive civil procedure treatise covering the jurisdiction and procedure of the federal courts.
www.ll.georgetown.edu /find/resource_display_subject.cfm?topic_id=247   (617 words)

  
 infolaw Civil Procedure Update   (Site not responding. Last check: 2007-11-06)
Amendements to PD Part 23 to extend the duration of the existing Telephone Hearings Pilot Scheme at Newcastle Combined Court Centre and to introduce the scheme at Bedford County Court and Luton County Court.
Rule 34.13A prescribes the procedure for applications to the High Court by a party to proceedings under Part 5 of the Proceeds of Crime Act 2002 for the issue of a letter of request for evidence to be taken abroad.
Rule 52.16(6A) requires any request by a party to an appeal to the Court of Appeal for the review or reconsideration of a decision of a single judge or a court officer to be filed within 7 days after the party is served with notice of the decision.
www.infolaw.co.uk /procedure/civil/cprupdate.htm   (1824 words)

  
 FindLaw for Students: Outlines & Exams: Litigation
Civil Procedure Outline 1 Prepared by J. William Snyder, Jr., UNC.
Civil Procedure Outline 2 Prepared by J. William Snyder, Jr., UNC.
Civil Procedure Outlines From Haeji Hong, UC Davis.
stu.findlaw.com /outlines/litigation.html   (213 words)

  
 Amazon.com: Books: Civil Procedure (Hornbook Series)   (Site not responding. Last check: 2007-11-06)
References to federal practice and procedure are provided with a discussion on the burden of complex, multi-party litigation on the judicial system.
It is an excellent source to supplement and even embellish the law of Civil Procedure contained in whichever casebook you are using.
Since most Civil Procedure courses are a year long, I would strongly recommend investing in this hornbook, it is very handy to have when outlining and preparing for finals.
www.amazon.com /exec/obidos/tg/detail/-/0314233636?v=glance   (867 words)

  
 Beginning Your Civil Procedure Research   (Site not responding. Last check: 2007-11-06)
This is a feature that allows access to selected Civil Procedure databases via a table of contents, rather than by having to enter a search term.
The Westlaw UK Civil Procedure service provides fill-in-the-boxes templates to assist you in searching for the Civil Procedure commentary, legislation or case you require.
The legal and technical professionals are on hand 24 hours a day and are able to advise on all aspects of Westlaw UK Civil Procedure, from legal research questions to technical issues and service queries.
help.westlaw.com /?kb=u&refid=ukcpintro   (3259 words)

  
 Learn more about Civil procedure in the online encyclopedia.   (Site not responding. Last check: 2007-11-06)
Learn more about Civil procedure in the online encyclopedia.
Hint: Play with putting spaces before and after your words to see the different results you get.
These rules explain how a lawsuit must be commenced, what kind of service of process is required, the types of pleadings, motions, and orderss allowed in civil cases, the timing and manner of depositions and discovery, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function.
www.onlineencyclopedia.org /c/ci/civil_procedure.html   (285 words)

  
 Civil Procedure : Instruction : IU Law   (Site not responding. Last check: 2007-11-06)
Federal Rules of Civil Procedure - 2003 ("Rules"), containing rules, statutes and other provisions; any post-2000 edition may be used.
Our emphasis will be on the fundamental and recurrent problems of procedure, focusing on fairness, uniformity, the role of individual litigants, and efficiency.
After the initial survey, which emphasizes many rules, we shall be ready to turn to in-depth study focusing primarily on four topics: (1) subject-matter jurisdcition in the federal courts; (2) ascertaining applicable law in federal court; (3) personal jurisdiction, process, and venue; and (4) former adjudication.
www.law.indiana.edu /instruction/aorenste/3269/syllabus.shtml   (828 words)

  
 Supreme Court of Ohio / Ohio Rules of Court / Rules of Civil Procedure
These rules prescribe the procedure to be followed in all courts of this state in the exercise of civil jurisdiction at law or in equity, with the exceptions stated in subdivision (C) of this rule.
When the person serving process is unable to serve a copy of the process within twenty-eight days, the person shall endorse that fact and the reasons therefor on the process and return the process and copies to the clerk who shall make the appropriate entry on the appearance docket.
A deposition taken under similar procedure of another jurisdiction is admissible in this state to the same extent as a deposition taken under this rule.
www.sconet.state.oh.us /Rules/civil   (15730 words)

  
 Hofstra University School of Law - Courses - Civil Procedure
This course provides an introduction to the nature and functioning of judicial systems, including a survey of the major phases of civil litigation under the Federal Rules of Civil Procedure.
Major emphasis is given to the reach of judicial authority, pleadings and amendments, pretrial discovery, the right to a jury trial, appellate procedure, and judgments and former adjudication.
Major themes of the course are the relationship of procedure to substantive law and the purposes and characteristics of procedural rules in light of proposed reforms.
www.hofstra.edu /Academics/Law/law_courses_civil_procedure.cfm   (143 words)

  
 CIVIL PROCEDURE
Although these multi-volume works are not specifically devoted to civil procedure, you may find that they contain helpful coverage of various procedural topics.
Many commercial outlines on civil procedure are marketed to first year students.
It is not necessary to memorize the assigned Federal Rules of Civil Procedure or other statutory provisions in your Supplement.
faculty.cua.edu /Fischer/Civpro02/outline.htm   (1925 words)

  
 CIVIL PROCEDURE
You should have your copy of the Federal Rules of Civil Procedure.
You may refer to any written materials you wish, but you may not consult with anyone else before the examination papers have been turned in.
QUESTION II Margaret Mapp, who was leaving for a week-long Caribbean cruise, lent her car to her friend Norval Nik for the week.
www.law.harvard.edu /academics/registrar/exams_03-04/html/hay1.html   (2006 words)

  
 Amazon.ca: Books: The Reform Of Civil Procedure: Essays on `access to Justice'   (Site not responding. Last check: 2007-11-06)
This collection of essays by leading commentators on civil justice is an attempt to assess the present state of civil procedure in the UK and the possible impact of proposals recently put forward by Lord Woolf.
In addition, the essays deal with the fundamental problems that are encountered today in the administration of civil justice everywhere.
The contributors are distinguished practitioners and academics who have made extensive contributions to the subject in the past.
www.amazon.ca /exec/obidos/ASIN/019826092X   (278 words)

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