...Civil Procedure Preliminary Assignment Sheet (Subject to Revision) Dated: 7/26/2010 Professor Yablon Fall 2010 Sections BC I INTRODUCTION TO THE LITIGATION PROCESS Mon. Aug. 30: Introduction to federal and state judicial systems CB 1-12, FRCP 1, 28 U.S.C. § 41, 44,132,133, 1331, 1332. What is the basic structure of the federal judiciary? How do federal courts differ from state courts? What are pleadings and what purpose do they serve? Tues. Aug. 31: Overview of the litigation process CB 13-21 FRCP 3, 4 What are the differences between subject matter jurisdiction, personal jurisdiction and venue? How is a lawsuit commenced in federal court? Wed. Sept. 1: Motions and Discovery Practice CB 20-34 FRCP 7(b), 26(b)(1) What is a motion? How does one go about making a motion in federal court? What is discovery and when does it take place? What is the difference between depositions and interrogatories? Thurs. Sept. 2: Motions and Discovery Practice (cont’d) CB 34-46 FRCP 8, 11, 12, 38, 28 U.S.C. §§ 1291, 1292 What is a demurrer? Is it permitted in federal court today? What has replaced it? What is the significance of Rule 11 for pleadings? When are litigants in a federal lawsuit entitled to a trial by jury? What happens if plaintiff wants a jury trial and defendant does not? What if the reverse is true? When can an appeal be taken from a federal court decision? What kinds of issues can...
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...Texas State Supplement to Accompany Civil Litigation 7E Peggy N. Kerley Joanne Banker Hames, J.D. Paul A. Sukys, J.D., Ph.D. Prepared by Peggy N. Kerley Updated in 2013 by Jennifer Carpenter Australia • Brazil • Mexico • Singapore • United Kingdom • United States i © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ii PART I Introduction to Civil Litigation Contents Introduction ............................................................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint...............................................................................................................................
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...Chapter 7 Procedure The heart of procedure is trial. Three phases : the before the trial, during the trial and after the trial Philosophy is different in CLC and WLC WLC = they want a winner = they will go till the end of the case. CLC = to find a solution to solve the case => more steps in CLC before the trial : want to solve the case before it cames in front of the judge, as soon as possible, find an agreement 1. Before the trial = For all the countries ALL 1st step : Letter of claim : letter send by the claimant to the defendant with three things 1: explanation of the situation 2: what to do 3: if you continue I will forced to go to the court + within an amount of time Problems : you need to be sure that the defendant received the letter before suing and you need to set a delay (you have to stop within ) or you have to wait for a “reasonable time. “ If you have a copy its not an accepted proof because copy + BWP and it has to come by the other party => you have to bring a prove of acceptance (poste) two proof = one that you sent and one that it was accepted => both parties have to bring the paper because otherwhile you can prove that it was the actual content We assume that the claimant is right if the defendant cannot prove that the claimant is wrong A letter of claim can take any shape and be deliver any way as long as you can prove that you did it. ALL 2nd step : go to the court Claim form : fact + legal reason + ask for this to stop/money...
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...…10 4. Chapter-4: Jurisdiction under S0ection -9 of CPC………….…........................23 5.7. Conditions; 5.8. Who may decide; 5.9. Presumption as to Jurisdiction; 5.10. Burden of Proof; 5.11. Exclusion of Jurisdiction; 5.12. Exclusion of Jurisdiction of civil court: Principles; 5.13. General Principles. 5. Chapter-5: Effects on a decree passed by the court without any jurisdiction…………………………………………………………………….....34 6.14. Essentials of decree. 6.15. Kinds of decree. 6.16. Place suing. 6.17. The effect on a decree passed by a court having no: 5.4.1. Territorial jurisdiction; 5.4.2. Pecuniary jurisdiction; 5.4.3. Subject matter jurisdiction. 6. Bibliograpgy……………………………………………………………………..35 CHAPTER-1 INTRODUCTION The fundamental principle of law that wherever there is a right, there is a remedy (ubi jus ibi remedium) has been adopted by the Indian legal system also. In fact right and remedy are but the two sides of the same coin an they cannot be dissociated from each other. Accordingly, a litigant having a grievance of a civil nature has a right to institute a civil suit in a competent civil court unless its cognizance is either expressly or impliedly barred by any statute. A suit for its maintainability requires no authority of law and it is enough that no statute is bars it. 1.1. Jurisdiction: Meaning...
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...Civil Procedure v. Criminal Procedure ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different. Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012). Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the...
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...Jamie Clark Week 3-Individual Work Civil Procedure Relevant Evidence | Why is it relevant? | Type | Admissible? | Client believes that she was a recent victim of employment discrimination based on gender which occurred at Rikards-Hayley, an investment banking firm located at 121 Centre St., New York, New York. | This is relevant because it is closely connected with the case. It is relevant because it states the issue at hand. | Testimony | Yes, this is admissible. | Her first job was in training and development, where she received nothing but superior evaluations from her supervisors. Approximately two years ago she was promoted to acting manager of the department. As acting manager she received superior evaluations. | This is relevant because it shows background information pertaining to the case. | Documentary | Yes, this is admissible. | Five months ago the company decided to fill the manager position permanently. Bennett applied for the position. She was told by her supervisor, Darren Blackwood, that management liked her work but that she did not quite fit the image they were seeking. She needed to lose weight as well as change her attitude toward male employees. She was perceived as being “too assertive.” It would be better, she was told, if she could show more deference. Bennett was not hired as manager. Instead, the company hired Martina Yardly. | This is relevant to the case because it gives more background information on the case directly. | Testimony |...
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...Civil and Criminal Procedures–LEG 110 Define a Family. A family is a group of people who share are joined by blood, marriage, or adoption. It is also a group of people residing together consisting of parents, children, and other relatives by blood or marriage. Finally, a family is a group of people residing together who have consented to an arrangement similarly to those of blood or marriage. Explain What Constitutes a Marriage. Marriage is a legitimate contract between a man and a woman who mutually promise to live together in a relationship in law for life, or until the legal termination of their relationship. Once both parties have entered into a marriage contract, the legal status of both parties will have changed giving the husband and wife new rights obligations and benefits. Public policy is intensely in favor of the institution of marriage. Conventionally, marriage has been viewed as vital to the preservation of morals and is believed to sustain the family unit in our civilization. In the United States, marriage is regulated by individual states. The U.S. Supreme Court has held that states are permitted to reasonably regulate marriage by stipulating who can marry and the method in which they can dissolve a marriage. All states limit people to one living husband or wife at a time, and will not issue a marriage licenses to anyone who has not divorced a living spouse. Once someone is married, the only way they can be legally liberated from his or her spouse...
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...CIS 550 Case Study 7 Stratified Custom Manufacturing, Part 7D https://hwguiders.com/downloads/cis-550-case-study-7-stratified-custom-manufacturing-part-7d/ SCM appeared to be in direct violation of “Federal Rules of Civil Procedure (FRCP) What it covers: In place since 1938, the FRCP discovery rules govern court procedures for civil lawsuits. The first major revisions, made in 2006, make clear that electronically stored information is discoverable, and they detail what, how and when electronic data must be produced. As a result, companies must know what data they are storing and where it is; they need policies in place to manage electronic data; they need to follow these policies; and they need to be able to prove compliance with these policies, in order to avoid unfavorable rulings resulting from failing to produce data that is relevant to a case.” (Staff) To Read/Download Complete Assignment Hit Purchase Button CIS 550 Case Study 7 Stratified Custom Manufacturing, Part 7D https://hwguiders.com/downloads/cis-550-case-study-7-stratified-custom-manufacturing-part-7d/ SCM appeared to be in direct violation of “Federal Rules of Civil Procedure (FRCP) What it covers: In place since 1938, the FRCP discovery rules govern court procedures for civil lawsuits. The first major revisions, made in 2006, make clear that electronically stored information is discoverable, and they detail what, how and when electronic data must be produced. As a result, companies must know what...
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...Abstract Delay is a very harmful matter for civil suits. And its situation in Bangladesh is very dangerous. Time consumed for the final disposal of cases from the date of its institution is too long. 10-15 years in many instances. This delay has been causing serious harassment to the litigant public. It has come to many mind that the present system of administration of justice, a foreign transplant, is unsuited to the genius of our people, its procedures are dilatory and cumbersome, not advancing the cause of substantial and quick justice. The situation is serious indeed and calls for careful consideration of the reasons for this delay. The system of administration of justice as obtaining in Bangladesh, both as regards the hierarchy of courts and the procedures followed by them, is the result of an evolutionary process the present system coming down from hundred years back and the people including the unlettered villagers have become used to its formalities and technicalities. Why then the people are losing confidence in the system is the question of the day. The answer is not far to seek. The procedure delay in disposal of cases, may account for much of the erosion of confidence in the system. But no particular point in Bangladesh. The administration of justice alone can be said to be the source of delay. It starts right from the beginning and endorse of the end. In decree of execution the uncertainty looms unending to the woe and worry of litigants- winners or losers. Through...
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...Civil Justice Tutorial III i. What is proportionality and why is it so “new” in the Civil Procedure Rules? To extent does it different proportionality a. under the EHCR (Campbell case) to assess different right sets of rights b. after the Jackson reforms? Jackson is just in relation to costs – cases that are justly and in relation to proportional costs focus on the system as a whole Campbell v Mirror Group Newspaper Ltd (Costs) HL (2005) A model sues a newspaper for breach of confidence. The case go through HC and CA. On appeal to HL, Campbell solicitors and barristers work on a CFA basis (95% success fee for solicitors, 100% success fee for barristers. She wins case (3,5000 compensation awarded) + costs (1, 086, 295 inc. success fee of 279, 981) The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with details of her addictions and the treament she had received. Held: The law of confidence is now better characterised as misuse of private information. “The need to be free to disseminate information regarding Miss Campbell’s drug addiction is of a lower order than the need for freedom to disseminate information on some other subjects such as political information. The degree of latitude reasonably...
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...Civil Court Structure European Court Of Justice European Court Of Justice Supreme Court Supreme Court Court of Appeal Court of Appeal High Court High Court County Court County Court Criminal Court Structure European Court Of Justice European Court Of Justice Supreme Court Supreme Court Court Of Appeal Court Of Appeal Crown Court Crown Court Magistrate Court Magistrate Court Youth Court Youth Court County Court is a small court and they deal with £5000 or less. Usually these cases relate to faulty goods/ service or landlord/ tenant disputes. To bring a case forward a claim form must be filled out and a fee is paid. These forms need to give full details about the claim. This process is completed by the plaintiff. This form is then sent to the defendant and they have 14 days to reply. The rest if the county court deals with low level civil matters. There are approximately 250 County Courts in England and wales, there are 7 in Northern Ireland. They deal with jurisdiction matters of tort, land matters and also trust. The county court sometimes deals with cases between £5000 and £15000, but they cases can be fast-tracked. The small claims courts is a process of arbitration. The County Court is a more formal process. High court is based in Royal Courts of Justice in London, these are the regional centres. The high Court is split into three different sections which are as follow; Queens Bench, Chancery and Family. This type...
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...NOTE: Stacy Sullivan Download Request: Current Document: 1 Time Of Request: Saturday, May 24, 2014 19:09:31 EST Send To: NEXIS, 146BTS DEVRY UNIVERSITY 3005 HIGHLAND PKWY DOWNERS GROVE, IL 60515-5799 Source: OH Courts of Appeals Cases from 1913 Project ID: FOCUS - 1 of 1 DOCUMENT REBECCA KOOP, Plaintiff-Appellant, - vs - SPEEDWAY SUPERAMERICA, LLC, et al., Defendants-Appellees. CASE NO. CA2008-09-110 COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, WARREN COUNTY 2009-Ohio-1734; 2009 Ohio App. LEXIS 1469 April 13, 2009, Decided PRIOR HISTORY: [**1] CIVIL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS. Case No. 07CV69537. CASE SUMMARY: PROCEDURAL POSTURE: Appellant personal injury victim filed suit against appellee store alleging that it was negligent in its cleaning of a coffee spill, upon which she slipped and fell. The store filed a motion for summary judgment. The Warren County Court of Common Pleas (Ohio) granted summary judgment for the store. The victim appealed. OVERVIEW: The victim argued that the trial court erred by failing to consider the incident report and corresponding witness statements. The appellate court held that the trial court did not err by disregarding the document due to its lack of authenticity. There was no indication that the document, purported to be an employee witness statement, was sworn or certified, nor was there any evidence presented to establish its authenticity...
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...of personal jurisdiction. Each court has set boundaries that govern their rights. Without these rights there would be no subject matter. No one would go to the appreciate courts or have the correct measures to even known which court they are supposed to go to. But weather federal or state jurisdiction is going to take part in each case. There are two types of jurisdiction they are subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction is types of cases courts have been authorized to hear and decide. (Fradella & Neubauer, 2011 p. 566) Subject matter jurisdiction determines the court structure and what types of cases they will hear. For example special jurisdiction are restricted to hearing cases such as civil suits involving small sums of money ideally less than $75,000, and misdemeanors. Other types of cases that state courts hear are traffic and juvenile courts, state offenses; child-victim cases are all apart of subject matter jurisdiction. Most juvenile courts are heard by state courts because of the “one-pot jurisdiction” (Fradella & Neubauer, 2011 p 505) because of the (Springer 1986) case where all youth are considered in the same “pot”. Another of subject jurisdiction is the 2000 Iraola & Cia v. Kimberly-Clarke case where subject matter jurisdiction over the case where one party was a foreign party and the other from different states. The subject matter jurisdiction existed over the case under 28 U.S.C. Section 1332(a)(2)....
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...Legal Process Paper According to Bennett-Alexander and Hartman (2007), many forms of discrimination exist and different agencies can impose multiple penalties for noncompliance. In this paper, an employee named John wants to file a discrimination complaint against his employer. The following key elements will be discussed: (1) description of what is discrimination, (2) Equal Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the...
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...the institution of a suit in 1965 in the lower court, going in appeal to the Division Court, from there in second appeal to the Single Judge of the High Court of Punjab & Haryana who referred it to the Division Bench of the High Court, and then finally being disposed by the Honorable Supreme Court of India in 1990. The case assumes importance as it relates to some very important questions of law, which were finally put to rest by this judgment of the Honorable Supreme Court of India. This matter deals with the question of the jurisdiction of the civil courts in matters of Land Revenue. The other question that has been deliberated upon in this matter is as regards to the nature of Section 85 and Section 86 of the Punjab Land Revenue Act, 1887. These Sections being analogous to Rule 84, 85, and 86 of the Code of Civil Procedure, 1908 have been interpreted in light of the interpretation afforded to these Rules of the Civil Procedure Code, 1908. FACTUAL MATRIX OF THE MATTER At the heart of the dispute was the allegation that Sardara Singh had been appointed as the substitute Lambaradar on 8th November, 1957 for District Ferozpur replacing the previous substitute, Hardit Singh (the original Lambardar being Narain Singh, who had undertaken liability for the land revenue which was in arrears). It was alleged that despite collection of the amount by Sardara, the same had not been deposited with the Government Treasury; consequently he was prosecuted under Section 409 of the Indian...
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