Civil Procedure: Basic Overview
The law is divided into two basic categories -substantive
law and procedural Law.
In resolving legal dispute the courts will apply -substantive
law and procedural Law.
Substantive rights are those rights recognized under the common law or
created by state or federal statute giving the individual a right to seek
redress for a violating of those rights through the formal court
system. Examples of substantive Common law rights are those that
arise as the result of personal injury, breach of contract, will disputes,
real and personal property disputes, injunctive relief and rights created
by state and federal statutes such as civil rights and consumer
legislation.
Torts and Contracts deal with the substantive rights and duties that
regulate the everyday relationships among individuals and between
individuals and institutions. The substantive law also defines the
standard of liability in a particular case. The procedure is the process
used by the courts to resolve the disputes that come before them. The process of prosecuting a right through the formal court
process is generally know as litigation.
The congress and legislators of the various states have enacted rules of
civil procedure defining the rights and duties of individual prosecuting a
case through the formal court system.
If the right is created by federal statute it may be prosecuted in the
federal court. Some federally created rights may be prosecuted in a
sate court proceeding absent some objection by the opposing
litigant. There generally are three levels of civil procedure rules with which which compliance
is necessary-they are:
(1) The
Legislative enactments - Civil Procedure Law having mandatory state
wide application
(2) The State
Court rules - State Wide Application
(3)
The Local
Court Rules - County Wide Application
In some states a three tire level of procedural rule.
First there is
the legislative enacted rules of procedure generally called The Code
of Civil Procedure. These have state wide application and provide
the basic procedure law applicable to all cases prosecuted in that state. They are critical
in that they proscribe when a right accrues and the date by which the claim must be formally filed in the
proper court or it
will be barred by as a matter of law. The California Code
of Civil Procedure, sets forth and
defines the legal procedure the first tier
provides the
basic law that must be adhered to in in the litigation process.
The
state wide rules of court provides specific rules to implement the legislative
mandated procedure in the Code of Civil Procedure. The state rule of court must
be complied with in proceeding through the formal court system and they have the
effect of law. California State Court rule promulgated by the judicial council
which accord with procedural statutes and constitutional provisions have the
force of law and are binding on the court and the parties to an action or
proceeding. Cantillion v Superior
Court (1957) 150 Cal App. 2d 184.
Likewise , local court rules and policies have the force of procedural statutes
so long as they are consistent with legislative enactments or judicial council
rules. Wisneiski v. Clary, (1975)
46 Cal App. 3d 499, Shadle v. City of Corona,
(1979) 96 Cal App. 3d 173. The
state rule provide as to how the legal demulcents (pleadings) will be prepared,
the format and the number of pages and further provides rules of how the trial
courts
The rules whether statewide or local must comply with the constitutional notions
of notice and due process and they are subject to the fifth and 14th Amendments
to the United States Constitution.
Failure to comply with local rules adopted either by the legislature or the governing
and judicial body of the court may result in being time barred or in dismissal
of the failing's party's action , his or her entry of default or imposition of a
lesser or monetary sanctions. The effective conduct of civil actions requires familiarity
with local and state wide court rules as well as procedural statutes.
The
rules of civil procedure deal with pre-trial, trial and post trial prosecution
of a case through the formal litigations process. The pre-trial precdures are
gernally concerned with motions and the discovery. process. The trial civil
procedure rules provide for the conduct of the trial from begining to end. The
post trial proeceddings are concerned with post trial mtion such as a motion for
new trial and the appleaate provcedure.
Motion Practice
The Discovery Process
Doctrine of Stare Decisis
A decision of a court exercising superior jurisdiction must be
followed by all
lower tribunals within the state. For example, a decision
rendered by a
California Court of Appeal is binding upon all superior, municipal
and justice courts. The requirement that lower courts accept the decisions
of superior tribunals stems from California's adherence to the doctrine of stare
decisis.
Auto
Equity Sales v. Superior Court (1962) 57 Cal. 2d 450 is one of
the leading cases involving application of the doctrine.
"The decisions of this Court are binding upon and must be followed by all
the state courts of California. Decisions of every division of the
District Courts
of Appeal are binding upon all the justice and municipal courts and upon all the
superior courts of this state, and this is so whether or not the superior courts
of this state,
and this is so whether or not the superior court is acting as a trial
or appellate
court. Courts exercising inferior jurisdiction must accept the law declared by courts of superior
jurisdiction. It is not their function to attempt to overrule decisions of a higher court.
[57 Cal. 2d at 455]"
The
rule of evidence are a provide the rules that determine what evuience will be
be admiibsle in resolving a legal dispute through the formal court process.
Most if not all states have comparable statutes prohibiting monopolistic
conduct, price fixing agreements, and other acts in restraint of trade
having strictly local impact. See, for example, the Massachusetts
Antitrust Act.
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Sources of Civil Procedure Law
Federal Material
Federal Judicial Decisions - Classic Civil Procedure Cases That
established Basic Princilples of law
State Material
Other Reference
Other
Topics Concerning Civil procedure
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These rules govern the conduct of all civil actions brought in Federal district courts. While
they do not apply to suits in state courts, the rules of many states have been closely modeled
on these provisions.
