Changes

Jump to navigation Jump to search
1,351 bytes added ,  00:04, March 29, 2007
New page: Civil procedure is an area of law covering issues of the structure of a lawsuit in civil court. Relevant issues areas in civil procedure include: * Personal jurisdiction (''[[qua...
Civil procedure is an area of law covering issues of the structure of a lawsuit in [[civil court]]. Relevant issues areas in civil procedure include:

* [[Personal jurisdiction]] (''[[quasi in rem]]'', ''[[in rem]]'', and most importantly ''[[in personam]]''),
* [[Choice of law]], both horizontal (across state lines) and vertical (federally, using the [[Erie Doctrine]]),
* [[Federal subject matter jurisdiction]], including [[pendant jurisdiction]] per 18 U.S.C. s. 1367,
* [[Service]] and [[notice]],
* [[Issue Preclusion]] and [[Claim Preclusion]], referred to at times as [[collateral estoppel]] (mutual and non-mutual, offensive and defensive) and [[res judicata]],
* [[Joinder]], including mass joinder in [[class action]],
* Attorney conduct such as [[attorney fees]], and,
* General [[motion practice]].

Supreme Court jurisprudence tackles these issues occasionally, but frequently uses the questions they raise as proxies for arguing grounds such as [[procedural due process]] and federalism, such as the problem of [[transitory physical presence]] and the [[Erie Doctrine]]. Especially notable for their opinions in this matter are Justices [[Antonin Scalia]] and [[William Brennan]] (often at odds with each other).

Civil procedure is taught as a first-year law course at most [[American Bar Association|ABA]] accredited law schools.
2,732

edits

Navigation menu