WELCOME TO CIVIL

PROCEDURE!
Prof. Susanna Frederick Fischer
Columbus School of Law
The Catholic University of America
202-319-5568 fischer@law.edu
Class 1: 8/26/2002

THE STUDY OF LAW

There was a man in our town

and he was wondrous wise:
he jumped into a BRAMBLE BUSH
and scratched out both his eyes-and when he saw that he was blind,
with all his might and main
he jumped into another one
and scratched them in again
- Karl Llewellyn, The Bramble Bush
(1960)

CUA: A COMMUNITY OF
SCHOLARS
Friendship
Food
Faculty

TODAYS CLASS

Learn what is Civil Procedure, what youll

study, and why its an important and
interesting course
Learn the course goals and objectives
Learn the course policies and procedures
Learn about the course web page at
http://faculty.cua.edu/fischer
Learn about the scope and purpose of the
Federal Rules of Civil Procedure by studying
Rule 1 of the FRCP

Whats Civil Procedure?

CIVIL

(not criminal)
PROCEDURE (not
substantive)

Difference Between Civil and

Criminal Cases

Criminal cases are brought by the govt

representing society
Criminal cases result in punishment (usually
fine or imprisonment)
Civil cases can be between private parties
and/or the government
Civil remedies include financial compensation
(damages) or orders to do or stop doing
something (injunctions) and sometimes
punishment (punitive damages)
Different burdens of proof

SUBSTANTIVE LAWS
Substantive laws (e.g. tort, contract,
property) are the part of the law
that creates,defines, and regulates
the rights, duties, and powers of
parties (Blacks Law Dictionary (7th
ed. 1999)
Example: tort law (trespass) says
that an uninvited guest cannot
intrude on another persons land

Definition of Procedure (from

Merriam-Webster online)
1(a) a particular way of
accomplishing something or of acting
(b) a step in a procedure
2 (a) a series of steps followed in a
regular definite order <legal
procedure>
3 (a) a traditional or established way
of doing things

PROCEDURAL LAWS

Procedural laws are [t]he rules that prescribe

the steps for having a right or duty judicially
enforced, as opposed to the law that defines
the specific rights or duties themselves.
Thus, they are the rules that govern litigation.
They are the rules that the parties must
follow as they bring their case and also the
rules for the court administration of the case
Examples: who can bring case, which court
can hear a case, enforcement

Difference Between Substantive

and Procedural Law Can Be
Unclear

Some rules that seem procedural

have been deemed substantive by
courts, such as statutes of
limitations.

Why is Procedure Important

in Law?

Why is Procedure Important

in Law?
The

purpose of civil
procedure is to promote the
JUST, SPEEDY, and
INEXPENSIVE resolution of
CIVIL DISPUTES
See Rule 1 of the Fed. R. Civ.
P.

What Kinds of Procedures Do Courts

and Other Dispute Resolution Bodies
Need?

What Kinds of Procedures Do Courts

and Other Dispute Resolution Bodies
Need? These include:

Rules for jurisdiction (over defendant, over

subject matter)
Rules for how disputes enter the court system
Rules for how whats in actually in dispute is
determined (pleading)
Rules for how disputes progress through the
court (or tribunal) system
Rules for pretrial fact investigation (discovery)
Rules for how disputes are terminated (jury
verdict? judges order? before trial? after trial?)

Sources of Procedure

Legislation
Rules promulgated by the courts (include
federal rules of general application such
as the Federal Rules of Civil Procedure,
Federal Rules of Appellate Procedure;
local rules for individual courts; judges
rules; statutory rules in U.S. Code; state
rules (in statess statutes and/or as
supplemental rules)
Cases that interpret the rules

Federal Rules of Civil

Procedure
Originally promulgated by
U.S.Supreme Court in 1937 under
authority of Rules Enabling Act of
1934
Original rules effective in 1938 and
have been amended many times.
Advisory Committee on Civil Rules
recommends amendments to FRCP

Federal Rulemaking: FRCP

If Advisory Committee initially recommends

changes, there is a public comment
period/public hearings. If AC then approves,
goes to Judicial Conference Standing
Committee. If SC approves, goes to Judicial
Conference. If JC approves, goes to U.S.
Supreme Court.
After Supreme Court prescribes amendment,
Congress has a statutory time period to
enact legislation to reject, modify, defer
amendment.

SCOPE of the FRCP

Where do these rules apply?

SCOPE of the FRCP

Where do these rules apply?

Federal district courts
Exceptions in Rule 81 include bankruptcy
proceedings to extent provided by Federal
Rules of Bankruptcy Procedure, where
prize proceedings in admiralty, certain
statutory review procedures like
reviewing orders of Secretary of
Agriculture, proceedings to enforce orders
of National Labor Relations Board

SCOPE OF FRCP
In some circumstances, FRCP
supplements statutory procedural
scheme
What are some examples?

SCOPE OF FRCP

In some circumstances, FRCP

supplements statutory procedural scheme
What are some examples? Habeas corpus
proceedings, quo warranto proceedings,
admission to citizenship proceedings,
arbitration proceedings, proceedings for
enforcement/review under
Longshoremans and Harbor Workers
Compensation Act

The U.S. Court System

Separate STATE and FEDERAL
court systems
Each STATE and D.C. has its own
court system

How Will We Learn Civil

Procedure?

Using sample case files (in CB) as study tools,

well follow the path of a federal civil action from
its beginning through trial, verdict, and
enforcement of judgment
Well read important Federal Rules of Civil
Procedure and important statutory provisions
and, sometimes, state rules
Well read important court decisions
(interpretation of rules/court-made doctrine)
Well apply rules and cases to hypothetical
practice problems, like those in Glannon

What topics will we study?

See Assignments List

1. Introductory unit
2. Pleading
3. Joinder
4. Discovery
5. Right to Jury Trial, Jury Selection6. Bypassing the
jury: other types of adjudication
6. Verdicts, Judgments and Bypassing the Trier of Fact
7. Jurisdiction and venue
8. Preclusion
9. Wrapping Things Up: Forum non conveniens, Erie
doctrine, review

Course Objectives/Goals

Learn important civil procedure concepts

Learn the procedural steps of a civil action
in federal district court
Develop effective learning techniques,
including briefing cases and
understanding rules
Develop exam-taking and oral
presentation skills
HAVE FUN WHILE LEARNING!