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Civil Procedure In The United States
Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system. History Early federal and state civil procedure in the United States was rather ''ad hoc'' and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law. Even worse, discovery was generally unavailable in actions at law. In order to obtain discovery, a party to a legal action had to bring ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rules Enabling Act
The Rules Enabling Act (ch. 651, , ) is an Act of Congress that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and other procedural court rules. The creation and revision of rules pursuant to the Rules Enabling Act is usually carried out by the Committee on Rules of Practice and Procedure (known as the "Standing Committee") and its advisory committees, which are part of the Judicial Conference of the United States, the policymaking body of the United States federal courts. The enactment of the Rules Enabling Act on June 19, 1934, was a revolutionary moment in the history of civil procedure in the United States. The law repealed the archaic "conformity principle" which had governed actions at law (and only actions at law) in U.S. federal courts for over 140 years; namely, the rule that federal courts should conform their procedure in such actions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admiralty Law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from the law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg. History Sea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prize (law)
In admiralty law prizes are equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of ''prize'' in this sense is the capture of an enemy ship and her cargo as a prize of war. In the past, the capturing force would commonly be allotted a share of the worth of the captured prize. Nations often granted letters of marque that would entitle private parties to capture enemy property, usually ships. Once the ship was secured on friendly territory, she would be made the subject of a prize case: an '' in rem'' proceeding in which the court determined the status of the condemned property and the manner in which the property was to be disposed of. History and sources of prize law In his book ''The Prize Game'', Donald Petrie writes, "at the outset, prize taking was all smash and grab, like breaking a jeweler's window, but by the fifteenth century a body of guiding rules, the maritime law of nations, had begun to evolve and achieve international rec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maynard Pirsig
Maynard E. Pirsig, LLD, (/ˈpɜːrsɪɡ/; January 9, 1902 - February 7, 1997) was an American legal scholar. He was director of the Minnesota Legal Aid Society, dean of the University of Minnesota Law School, a Minnesota Supreme Court justice, and an advisor for the Indonesian, Puerto Rican, and El Salvadoran legal systems. He defined legal ethics in the 1974 ''Encyclopedia Britannica''. His law books were widely used in schools across the country, and his book ''Judicial Administration'' was the first casebook on the field of judicial administration in the US. He was mentored bEverett Fraser Roscoe Pound, and Felix Frankfurter. Pirsig wrote in his book, ''Cases and Materials on Legal Ethics'', 1949, "The lawyer's duty is of a double character. He owes to his client the duty of fidelity, but he also owes the duty of good faith and honorable dealing to judicial tribunals before whom he practices his profession. He is an officer of the court--a minister in the temple of justice." He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Marion Driver
Samuel Marion Driver (May 22, 1892 – September 12, 1958) was a United States district judge of the United States District Court for the Eastern District of Washington. Education and career Born in Wamic, Oregon, Driver received a Bachelor of Laws from the University of Washington School of Law in 1916. He was in private practice in Waterville, Washington from 1916 to 1923. He was in the United States Army 91st Division in the aftermath of World War I from 1918 to 1919, achieving the rank of corporal. He was a prosecuting attorney of Douglas County, Washington from 1922 to 1923. He was secretary to United States Representative Samuel B. Hill in Washington, D.C. from 1923 to 1926. He received a Master of Laws from Georgetown Law in 1926. He was a deputy prosecuting attorney of Chelan County, Washington from 1926 to 1927, returning to private practice in Wenatchee, Washington from 1927 to 1937. He was the prosecuting attorney of Chelan County from 1935 to 1937. He was the Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scott Loftin
Scott Marion Loftin (September 14, 1878September 22, 1953) was a U.S. Senator from Florida who served as a Democrat in 1936. Loftin was born in Montgomery, Montgomery County, Alabama. At the age of nine, he moved to Pensacola, Florida, with his parents in 1887. He attended the public schools and Washington and Lee University School of Law at Lexington, Virginia. He was admitted to the bar in 1899 and commenced practice in Pensacola, Florida. Loftin was a member of the Florida House of Representatives between 1903-1905 and was prosecuting attorney of Escambia County, Florida between 1904 and 1917. He moved to Jacksonville, Florida, in 1917 to continue the practice of law. Loftin became a member of the Attorney General's Advisory Committee on Crime in 1934 and president of the American Bar Association in 1934. He became a general counsel for the Florida East Coast Railway between 1931-1941 and for a variety of other transportation-related businesses. He was a businessman wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Donworth
George Donworth (November 26, 1861 – September 6, 1947) was a United States district judge of the United States District Court for the Western District of Washington. Education and career Born in Machias, Maine, Donworth received an Artium Baccalaureus degree from Georgetown University in 1881, and read law to enter the bar in 1883. He was in private practice in Fort Fairfield, Maine from 1883 to 1888, and in Seattle, Washington Territory (State of Washington from November 11, 1889) from 1888 to 1909, serving as corporation counsel for Seattle from 1892 to 1894. He was a member of the Seattle School Board from 1907 to 1909. Federal judicial service On May 8, 1909, Donworth was nominated by President William Howard Taft to a new seat on the United States District Court for the Western District of Washington created by 35 Stat. 686. He was confirmed by the United States Senate on May 18, 1909, and received his commission the same day. Donworth served in that capacity un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Armistead Mason Dobie
Armistead Mason Dobie (April 15, 1881 – August 7, 1962) was a law professor, Dean of the University of Virginia School of Law, United States circuit judge of the United States Court of Appeals for the Fourth Circuit and United States District Judge of the United States District Court for the Western District of Virginia. Education and career Born in Norfolk, Virginia, Dobie received a Bachelor of Arts degree from the University of Virginia in 1901, a Master of Arts degree from the same institution in 1902, and a Bachelor of Laws from the University of Virginia School of Law in 1904. He was in private practice in St. Louis, Missouri from 1904 to 1907, serving as an adjunct professor at the University of Virginia School of Law in 1907, and as a full professor from 1909 to 1939. Dobie served in France as assistant chief of staff of the 80th Division of the United States Army during World War I from 1917 to 1919. He returned to the University of Virginia School of Law and served a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George W
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he previously served as the 46th governor of Texas from 1995 to 2000. While in his twenties, Bush flew warplanes in the Texas Air National Guard. After graduating from Harvard Business School in 1975, he worked in the oil industry. In 1978, Bush unsuccessfully ran for the House of Representatives. He later co-owned the Texas Rangers of Major League Baseball before he was elected governor of Texas in 1994. As governor, Bush successfully sponsored legislation for tort reform, increased education funding, set higher standards for schools, and reformed the criminal justice system. He also helped make Texas the leading producer of wind powered electricity in the nation. In the 2000 presidential election, Bush defeated Democratic incum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Evans Hughes
Charles Evans Hughes Sr. (April 11, 1862 – August 27, 1948) was an American statesman, politician and jurist who served as the 11th Chief Justice of the United States from 1930 to 1941. A member of the Republican Party, he previously was the 36th Governor of New York (1907–1910), an associate justice of the Supreme Court (1910–1916), and 44th U.S. Secretary of State (1921–1925), as well as the Republican nominee for President of the United States who lost a very close 1916 presidential election to Woodrow Wilson. Born to a Welsh immigrant preacher and his wife in Glens Falls, New York, Hughes graduated from Brown University and Columbia Law School and practiced law in New York City. After working in private practice for several years, in 1905 he led successful state investigations into public utilities and the life insurance industry. He won election as the Governor of New York in 1906, and implemented several progressive reforms. In 1910, President William Howard Ta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
