American Civil Procedure: An Introduction

Front Cover
Yale University Press, Aug 1, 1995 - Law - 230 pages
From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies.

This clear and direct book by two distinguished professors of law describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to "declare" it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in: preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.

 

Selected pages

Contents

History I
29
The Authority and Functions of American
51
Concepts of Law and Legal Proof
71
Lawyers and the Adversary System
86
The Pretrial Stage
105
The Trial
128
Procedural Variations
150
Jurisdiction Appeal and Final
172
Enforcement of Judgments
194
Perspectives of the American System
205
Notes
216
Index
227
Copyright

Common terms and phrases

action adjudication administrative agencies adversary system advocates American procedure American system appellate court attorneys authority basis civil justice civil law system civil litigation civil procedure claimants claims class suit colonies common law common law courts competence concept concerning conducted contract controversy court of equity courts of appeals criminal damages decision declaratory judgment defendant defendant's determine discovery dispute district courts documents enforcement equity evidence example exercised expert factual federal court system federal law Federal Rules fees first-instance function injunction injury interpretation involved issues of fact joinder judge's judgment judicial jurors jury trial lawyers legal issues legal system legislation matters ment modern motion opposing party ordinarily person plaintiff pleading political practice presented pretrial pretrial discovery principle procedural system proceedings proof questions remedy res judicata resolved responsibility scope similar specific statute testimony tion transactions trial court trial judge U.S. Constitution U.S. Supreme Court usually verdict witnesses writ

References to this book

About the author (1995)

Geoffrey C. Hazard, Jr., is Sterling Professor of Law at the Yale Law School. Michele Taruffo is professor of law at the University of Pavia in Milan.

Bibliographic information

TitleAmerican Civil Procedure: An Introduction
Yale Contemporary Law Series
AuthorsGeoffrey C. Hazard, Michele Taruffo
Editionunabridged
PublisherYale University Press, 1995
ISBN0300065043, 9780300065046
Length230 pages
Subjects › 

Law / Civil Procedure
  
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