Civil Procedure Overview

Criminal Law

Holds individuals accountable for wrongs committed against society, resulting in imprisonment or fines.

Civil Law

Resolves disputes between individuals or entities, potentially involving damages or injunctive relief.

Substantive Law

Defines the rights and responsibilities of individuals and entities, such as contract principles and torts.

Procedural Law

Establishes the rules for enforcing and applying substantive laws, governing court processes.

Litigation

The process of resolving disputes through the court system, involving claims, defenses, and key documents.

Discovery

A key tool in litigation for investigating the case and gathering evidence.

Trial

A key stage in litigation where the case is decided by a judge or jury.

Appealability

The consideration of whether a trial court's judgment can be appealed.

Jurisdiction

The authority of a court to hear a case, including subject matter and personal jurisdiction.

Claim Preclusion

A doctrine preventing the same claim from being litigated again after a final judgment.

Joinder

The rule allowing the addition of parties and claims in a single lawsuit.

Access to Courts

A course theme emphasizing the importance of being able to seek legal remedies.

Fairness of Process

A theme focusing on the equitable treatment of parties in the legal system.

Federal Rules of Civil Procedure (FRCP)

Rules applicable in federal courts, sometimes supplemented by local rules.

State Rules of Civil Procedure

Vary by state and are often influenced by federal rules.

Rulemaking Process

The authority of the Supreme Court to propose rule amendments, subject to Congressional review.

Significant Amendments

Changes to procedural rules, such as those made in 2006 and 2015 regarding discovery.

Class Participation

Engaging thoughtfully in class discussions, where correctness is less important than participation.

Attendance Policy

More than 6 absences negatively impact grades and may lead to failure.

Final Exam

A closed-book assessment consisting of essay and multiple-choice questions, with a law-school grading curve.