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Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a "civil action", as opposed to a criminal action). The Federal Rules of Civil Procedure (FRCP are rules governing Civil procedure in United States district (federal courts that is court procedures for Civil Civil procedure doctrines are rules developed by Case law as opposed to being set down in Codes or Legislation, which together with Court In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Subject-matter jurisdiction is the authority of a Court to hear cases of a particular type or cases relating to a specific subject matter In United States law, diversity jurisdiction is a concept used in Civil procedure to refer to the situation in which a U Personal jurisdiction in United States law refers to a court's power over a particular defendant ( In personam jurisdiction or an item of property In the United States, removal jurisdiction refers to the right of a Defendant to move a Lawsuit filed in state Court to the Federal district Venue is the location where a case is heard In the United States, the venue is either a county (for cases in state court or a district or division (for cases in federal court A change of venue is the Legal term for moving a trial to a new location In Law as practiced in countries that follow the English model a pleading is a formal written statement filed with a Court by parties in a Civil action A legal motion is a procedural device in Law to bring a limited contested matter before a Court for decision Service of process is the procedure employed to give Legal notice to a person (such as a defendant of a Court or administrative body's exercise of In general use a complaint is an expression of displeasure such as poor service at a store or from a Local government, etc In the law a cause of action (sometimes called a claim) is a set of facts sufficient to justify a right to sue A Case Information Statement (or Cover Sheet) is a document which is filed with a Court clerk at the commencement of a civil Lawsuit in many In Law, a class action or a representative action is a form of Lawsuit where a large group of people collectively bring a claim to court The US Class Action Fairness Act of 2005, 28 USC Sections 1332(d 1453 and 1711-1715 expanded federal jurisdiction over many large Class-action A demurrer is a legal Pleading filed by a party defending against claims or defenses in a lawsuit An answer was originally a solemn assertion in opposition to some one or something and thus generally any counter-statement or defense a reply to a question or objection or a correct solution An affirmative defense is a category of defense used in Litigation between private parties in Common law Jurisdictions, or more familiarly The reply is a response by Plaintiff to Defendant 's Answer. A reply occurs only when defendant has asserted a counterclaim or the court has ordered A counterclaim is made by the Defendant to a civil proceeding, in a main action against the Plaintiff or against the plaintiff and other people A cross-claim is a claim brought against a co-party in the same side of a lawsuit Criminal law Joinder in Criminal law is a legal term which refers to the inclusion of additional Counts or additional Defendants on an Impleader is a procedural device before trial in which one party joins a third Party into a lawsuit because that third party is Liable to an original Interpleader is a form of action originally developed under equity jurisprudence In law intervention is a procedure to allow nonparties to join ongoing Litigation, either as a matter of right or at the discretion of the court without the permission In Law, discovery is the pre-trial phase in a Lawsuit in which each party through the law of Civil procedure can request documents and other evidence In Law, interrogatories (also known as Requests for Further Information are a formal set of written questions propounded by one Litigant and required to be answered In Law, a deposition is witness testimony given under oath and recorded for use in court at a later date Default judgment is a binding Judgment in favor of the Plaintiff when the Defendant has not responded to a Summons or has failed to appear before For the simplification and shortening of a longer text see Summary. Voluntary dismissal is when a law suit is terminated by request of the Plaintiff (the party originally bringing the suit to court Involuntary dismissal is the termination of a court case despite the Plaintiff 's objection For other uses of settlement including legal uses see Settlement. A party is a Person or group of persons that compose a single Entity which can be identified as one for the purposes of the Law. A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them Voir dire (IPA /vwɑr dir/ is a phrase in Law which derives from Anglo-Norman. Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. A judgment (see spelling note below in a Legal context is synonymous with the formal decision made by a Court following a Lawsuit. Judgment as a matter of law (JMOL is a motion made by a party during trial claiming the opposing party has insufficient evidence to reasonably support its case Renewed judgment as a matter of law (JMOL is the partner of Judgment as a matter of law in American federal courts Judgment notwithstanding the verdict, also called judgment non obstante veredicto or JNOV) is a type of Judgment as a matter of law (JMOL that In Law, a motion to set aside judgment is an application to overturn or set aside a Court 's Judgment, Verdict or other final ruling in a case In Law, the expression trial de novo means a "new trial " by a different tribunal ( de novo is a Latin expression meaning 'afresh' 'anew' A legal remedy (also judicial relief) is the means a Court of law, usually in the exercise of civil law jurisdiction enforces a Right, imposes An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful Attorney fees (note that the use of the word 'attorney' connotes lawyers broadly solicitors and barristers are the costs of legal representation that an attorney's client or a party In the field of Law and economics, the American Rule is a rule regarding assessment of Attorneys' fees arising out of Litigation. In the field of Law and economics, the English Rule is a rule regarding assessment of Attorneys' fees arising out of Litigation. A declaratory judgment is a Judgment of a Court in a Civil case which declares the rights duties or obligations of each party in a Dispute. In Law, an appeal is a process for requesting a formal change to an official decision A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the Prerogative writs in the Common Certiorari (ˌsɚʃioʊ('rɛri 'rɑri is a legal term in Roman, English, Philippine and American law referring to a type of Writ A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Civil Procedure is one of the American Bar Association mandatory first year law school courses. The American Bar Association ( ABA) founded August 21 1878 is a voluntary Bar association of Lawyers and law students which is not specific [1] These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy A legal case is a dispute between opposing parties resolved by a Court, or by some equivalent legal process Service of process is the procedure employed to give Legal notice to a person (such as a defendant of a Court or administrative body's exercise of In Law as practiced in countries that follow the English model a pleading is a formal written statement filed with a Court by parties in a Civil action A statement of case is any of a number of formal documents used in the courts of England and Wales. A legal motion is a procedural device in Law to bring a limited contested matter before a Court for decision A court order (or court ruling) is an official proclamation by a Judge (or panel of judges that defines the legal relationships between the parties to a hearing In Law, a deposition is witness testimony given under oath and recorded for use in court at a later date In Law, discovery is the pre-trial phase in a Lawsuit in which each party through the law of Civil procedure can request documents and other evidence A judgment (see spelling note below in a Legal context is synonymous with the formal decision made by a Court following a Lawsuit. A legal remedy (also judicial relief) is the means a Court of law, usually in the exercise of civil law jurisdiction enforces a Right, imposes
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Civil court in Canada
In Canada the rules of civil procedure are administered by each jurisdiction (federal and each province) and thus each has its own set of rules. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Most provinces base their civil procedure rules on the mixture of English and American rules adapted to the needs of the province. The Ontario Rules of Civil Procedure have been largely adopted by Manitoba, PEI, and North West Territories.
In Ontario the stated general principle of the Rules of Civil Procedure is
to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits.
Civil procedure is generally developed by a civil procedure committee consisting of judges of the local jurisdiction. This committee makes recommendations concerning procedural changes which must be ratified by the attorney general of that jurisdiction in order to move into affect.
The courts may also exercise inherent jurisdiction to control their own processes, but inherent jurisdiction cannot be exercised so as to conflict with a statute or rule. Inherent Jurisdiction is a doctrine of the English Common law that a Superior court has the Jurisdiction to hear any matter that comes before As a result, if a process has been contemplated by the civil procedure a court does not have the authority to alter or dispense compliance with that process.
The noted exception to the required compliance with the civil procedure is that the rules themselves often contain a rule which permits a court to
only where and as necessary in the interest of justice, dispense with compliance with any rule at any time.
The onus is on the party seeking to dispense with compliance with a rule to demonstrate that it is in the interest of justice. [2]
Alternative dispute resolution proceedings and administrative law proceedings both tend to have relatively simple rules of procedure, in comparison to the highly formalized procedures seen in the federal and state courts. Alternative dispute resolution (ADR includes Dispute resolution processes and techniques that fall outside of the government judicial process Administrative law is the body of Law that governs the activities of administrative agencies of Government.
Civil court in England and Wales
The civil courts of England and Wales adopted an overwhelmingly unified body of rules as a result of the Woolf Reforms on 26 April 1999. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception 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. The Civil Procedure Rules 1998 ( CPR) are the rules of Civil procedure used by the Court of Appeal, High Court of Justice, and County Courts For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. England and Wales The County Court is the Workhorse of the civil justice system in England and Wales.
Civil court in the United States
The United States federal court system adopted standardized Federal Rules of Civil Procedure on September 16, 1938, before which time there were varying rules that governed different types of civil cases such as cases at law or in equity or in admiralty. The United States of America —commonly referred to as the The Federal Rules of Civil Procedure (FRCP are rules governing Civil procedure in United States district (federal courts that is court procedures for Civil Events 1400 - Owain Glyndŵr is declared Prince of Wales by his followers Year 1938 ( MCMXXXVIII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. (These differences grew from the history of "law" and "equity" as separate court systems in English law. ) There are exceptions to the types of cases that the Federal Rules now control but they are few in number and somewhat esoteric (e. g. , "prize proceedings in admiralty"). Prize is a term used in Admiralty law to refer to Equipment, Vehicles, and Vessels captured during armed conflict Admiralty law (also referred to as maritime law) is a distinct body of Law which governs maritime questions and offenses Most states have also adopted the Federal Rules (with various minor modifications) to govern procedures in their state court systems. In the United States, a state court has Jurisdiction over disputes with some connection to a U
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. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. This article discusses the state supreme courts in the United States
Difference in civil and criminal procedures
Most countries make a rather clear distinction between civil and criminal procedures. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful [3] In France, however, a victim of a crime may be awarded damages by a criminal court judge. This article is about the country For a topic outline on this subject see List of basic France topics. In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring A judge, or justice, is an Official who presides over a Court of law
The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of In English law the prosecution must prove the guilt of a criminal “beyond reasonable doubt”; but the plaintiff in a civil action is required to prove his case “on the balance of probabilities”. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy [3] Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.
Criminal and civil procedure are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Civil actions, on the other hand, are usually started by individuals. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy As commonly used, individual refers to a Person or to any specific object in a collection
In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Sanchez would be described as “The People vs. (=versus, or against) Sanchez” in the United States and “R. The United States of America —commonly referred to as the (Regina, that is, the Queen) vs. List of current queens regnant A queen regnant (plural "queens regnant" is qualifying reference to a female Monarch possessing and exercising all of the monarchal Sanchez” in England. But a civil action between Ms. Sanchez and a Mr. Smith would be “Sanchez vs. Smith” if it was started by Sanchez, and “Smith vs. Sanchez” if it was started by Mr. Smith.
Evidence from a criminal trial is not necessarily admissible as evidence in a civil action about the same matter. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment He still has to prove his case in a civil action. [3] In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.
Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff. Money is anything that is generally accepted as Payment for Goods and services and repayment of Debts. In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful [3]
References
- ^ Legal Standarts - PDF, page 302
- ^ Supreme Court of Canada, Gustovson Drilling, 1976
- ^ a b c d Richard Powell (1993). Law today. Harlow: Longman, 34. ISBN 0582056357, 9780582056350. OCLC 30075861. The OCLC Online Computer Library Center is according to its website a "nonprofit membership computer library service and research organization dedicated to the public purpose
See also
External links
- Civil Procedure Rules applying to England and Wales
- Complete text of Federal Rules of Civil Procedure (Cornell Univ.)
See also
- Affirmative defense
- Civil Justice Fairness Act
- Criminal procedure
- Jurisdiction
- Laches
- Objection
- Prejudice (law)
- Statute of limitations
- Summary judgment
- Time constraints
- Trial de novo
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