Intro to Civil Procedures
What are the 3 alternatives to litigation?
1. Negotiation 2. Mediation 3. Arbitration
What are the differences between criminal and civil cases (i.e., what purposes do each serve)?
CRIMINAL LAW: goal is to punish defendants for breaches of the general order rather than to compensate the victim of the crime CIVIL CASES: goal is to resolve a dispute between private parties in which the plaintiff usually seeks to recover a remedy from the defendant.
What are equitable remedies? What are legal remedies?
EQUITABLE REMEDIES: award of specific remedies LEGAL REMEDIES: reward of damages
In most of continental Europe, courts follow an _________________ model in which the judge makes an independent investigation into the merits of the case.
In most of continental Europe, courts follow an "INQUISITORIAL" MODEL in which the judge makes an independent investigation into the merits of the case.
What is the first procedural issue that should be addressed in civil procedure always?
JURISDICTION: Where to file the suit?
What is the correct definition of litigation according to Freer & Perdue?
Litigation = process through which parties seek to resolve their disputes by "going to court."
No plaintiff can sue unless she/he has ________________, which generally means that she/he must have suffered some injury before she/he can bring suit.
STANDING
What is the definition of a trial court?
TRIAL COURTS: the courts in which the plaintiff initiates civil litigation, usually by filing a complaint, and having it and a court order (called a summons) delivered to the defendant.
Under the American Model, who pays the attorney's fees?
Under the American Model, each side pays its own attorney's fees.
Under the _______________ model in the United States, the judge is usually ________________ and reactive; judge DOES NOT makes an independent investigation into the merits of the case.
Under the TRADITIONAL ADVERSARY MODEL in the United States, the judge is usually PASSIVE and reactive; judge DOES NOT makes an independent investigation into the merits of the case.
