Civil Procedure Flashcards
Civil Procedure
Civil procedure consists of the rules by which courts conduct civil trials.
Federal Rules of Civil Procedure (FRCP)
These govern civil procedure in United States federal courts.
pleading
Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. The plaintiff submits a complaint stating the cause of action - the issue or issues in controversy. The defendant submits an answer stating his or her defenses and denials.
complaint
Pleading submitted by plaintiff
contract of adhesion
A standard form contract drafted by one party (usually a business with stronger bargaining power) and signed by the weaker party (usually a consumer in need of goods or services), who must adhere to the contract and therefore does not have the power to negotiate or modify the terms of the contract.
Federal Arbitration Act
A statute that protects the integrity of many arbitration agreements by making them binding and limiting the reasons for which courts can review and set aside arbitration awards.
Arbitration is required if included in a contract agreed to by all parties.
Rules Enabling Act
An act passed by Congress in 1934 that gave the Supreme Court the power to make rules of procedure and evidence for federal courts as long as they did not “abridge, enlarge, or modify any substantive right.”
Principles of Civil Procedure in United States
- Transsubstantivity
- Distinction between Procedure and Substance
- Parties trying to bargain their way out of a courtroom trial.
Vertical transsubstantivity. Costs?
the same rules of civil procedure will apply whether a lawsuit is a big complicated lawsuit or a small, relatively simple lawsuit.
Applies in federal courts
Pros: There’s predictability in the rules of procedure across lawsuits regardless of type of claim.
Costs: Such a comprehensive, uniform system of civil procedure can price out cases because plaintiffs cannot afford it.
Horizontal transsubstantivity. Cons?
Same rules of civil procedure apply regardless of what type of legal claim it is, whether it is anti-trust, consumer protection or securities claim etc..
Applies in federal courts.
Pros: There’s predictability in the rules of procedure across lawsuits regardless of type of claim.
Cons: If civil procedure changes in the context of one type of claim, it will change in the context of other types of claims as well, even if such changes are not warranted. (See Bell Atlantic v. Twombly)
Bell Atlantic v. Twombly. Impact.
Required a higher pleading standard for antitrust lawsuits.
There were questions about whether heightened standard should apply to all types of claims or just antitrust claims. Supreme Court affirmed this higher pleading standard applied to all other types of claims, shutting out many litigants like in discrimination lawsuits.
Substance v. Procedure
Rules Enabling Act of 1934 requires distinction in civil procedure between substantive and procedural questions.
Substantive questions refer to questions that have social policy implications. (Questions for politically elected figures to grappled with.)
Procedural questions involve the administration of a civil law system. (Questions for judges to grapple with.)
Federal Rule 23
Allows parties to file class action lawsuits in federal court. Governs what is required for a class action to move forward.
Shady Grove v. Allstate Insurance
A class action lawsuit to litigate a claim under state law can be brought to federal court under Rule 23.
Reasoning: Rule 23 merely deals with a procedural issue of whether a class action lawsuit may proceed in federal court or not. Also, federal rules of civil procedure trump state rules.
Why do parties choose arbitration?
- Less formal
- Less expensive
- Quicker resolution
- Less opportunities to appeal decision, ensuring decision’s finality
