Civil Procedure

Cards (22)

  • What does civil procedure refer to?
    A set of rules and standards that govern the conduct of a civil lawsuit in courts
  • What is the main purpose of civil procedure?
    To ensure that legal disputes are resolved in a fair, efficient, and consistent manner
  • What types of legal disputes does civil procedure apply to?
    Non-criminal legal disputes
  • How does civil procedure ensure fairness in legal proceedings?
    By ensuring all parties have equal opportunity to present their case
  • Why does civil procedure vary by jurisdiction?
    Because it can differ between federal and state courts
  • What is one key aspect of civil procedure?
    It covers procedural aspects of litigation
  • What does civil procedure provide to ensure predictability in lawsuits?
    A standard framework for handling different types of civil cases
  • What are the key functions of civil procedure?
    - Ensures fairness - Promotes efficiency - Provides consistency - Protects due process - Allows predictability
  • What is the role of discovery in civil litigation?

    It allows parties to gather evidence before trial
  • What is summary judgment?
    A legal decision made by a court without a full trial when there are no material facts in dispute
  • What is the appeals process in civil cases?
    A procedure for requesting a formal change to an official decision
  • What is the definition of civil procedure?
    A set of rules and standards governing the conduct of civil lawsuits
  • How does civil procedure protect the rights of parties involved in litigation?
    By ensuring due process is followed
  • What are the key principles of civil procedure?
    - Due Process - Equal Treatment - Judicial Economy - Finality of Judgments - Access to Justice - Transparency
  • What does the principle of judicial economy aim to achieve?
    To use court resources efficiently and avoid unnecessary litigation
  • What is the significance of the finality of judgments in civil procedure?
    It ensures that once a case is decided, the decision is respected to provide closure
  • How does civil procedure ensure access to justice?
    By making procedures not overly complex or expensive
  • What is the difference between civil procedure and substantive law?
    Civil procedure focuses on how legal disputes are resolved, while substantive law defines what the law is on a given topic
  • What does substantive law establish?
    Legal rights, duties, and liabilities
  • In a contract dispute, what role does substantive law play?

    It determines whether a valid contract exists and if it was breached
  • Why is civil procedure important in the legal system?
    It ensures fairness, efficiency, predictability, due process, and legitimacy of the legal system
  • What are the primary reasons civil procedure is important in the legal system?
    - Ensures fairness and consistency - Promotes efficiency in litigation - Protects due process rights - Enhances legitimacy of the legal system - Balances interests of all parties