Civil Procedure Flashcards
Consists of the rules by which courts conduct civil trial.
Civil Procedures
Defines the rights and duties of everyday conduct, such as contract law or tort law
Substantive Law
These govern civil procedure in U.S. federal courts
FRCP - Federal Rules of Civil Procedure
Federal and state laws created to regulate trade and commerce by preventing unlawful restraints, price-fixing, and monopolies
Antitrust Laws
An alternative dispute resolution method with one or more persons (private people, not judges) hearing a dispute and rendering a binding decision
Alternative to going to court
Arbitration
A procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group or “class”
Class Action
The pleading that starts a case
Essentially, a document that sets forth a jurisdictional basis for the court’s power, the plaintiff’s cause of action, and a demand for judicial relief.
Contract of Ahesion
A statute that protects the integrity of many arbitration agreements by making them binding and limiting the reason for which courts can review and set aside arbitration awards
Federal Arbitration Act
Gives Supreme Court the power to make rules of procedure and evidence for federal courts as long as they do not “abridge, enlarge, or modify and substantive right.”
Passed by congress in 1934
Rules Enabling Act
Beginning stage of lawsuit in which parties formally submit their claims and defense
Pleading