Civil Procedure Flashcards, test questions and answers

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What is Civil Procedure?

Civil Procedure is the body of law that governs how civil litigation is conducted in the courts. It establishes the rules and procedures that parties must follow when bringing a case before the court. It includes topics such as jurisdiction, venue, service of process, pleadings, discovery, appeals and more. In order to understand Civil Procedure it is important to know what a civil action or lawsuit is. A civil action or lawsuit is an adversarial proceeding brought by one party (the plaintiff) against another (the defendant). The purpose of a civil action or lawsuit is to resolve disputes between parties and obtain legal remedies for harms caused by one party against another. The goal of Civil Procedure is to ensure that disputes are resolved fairly and efficiently while protecting the rights of all involved parties. Civil Procedure begins with jurisdiction, which determines where a civil action can be brought and heard by a court. Venue then determines which particular court will hear the case within that jurisdiction. Next comes service of process which requires notification to all relevant parties about an impending lawsuit being filed against them so they can prepare for it accordingly. After service of process comes pleadings this includes both complaints (where plaintiffs set out their claims) and answers (where defendants respond to those claims). Once pleadings have been exchanged discovery follows this allows both sides to collect evidence from each other so they can build their cases prior to trial if necessary. After discovery comes pre-trial motions such as summary judgment these are used to determine whether there are any facts in dispute which could potentially be decided without going through with a full trial if necessary. Finally there are trials themselves followed by appeals if either side feels aggrieved with the outcome rendered in court initially.