US Civil Law
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[edit] American Civil Law
Since civil law is divided between Federal civil law and the civil law of each state, a complete understanding would take volumes. Such depth is beyond what even a law student would learn. Therefore this article will concentrate on federal civil law in the US. Federal civil courts follow the Federal Rules of Civil Procedure, which dictate the jurisdiction of the court, discovery procedures, pleading, some ethical rules, and other trial procedures. Other sets of rules apply, like Federal Rules of Appellate Procedure and the Federal Rules of Evidence. But the Federal Rules of Civil Procedure (FRCP) is the primary set of rules.
[edit] Jurisdiction
Federal courts have two forms of jurisdiction. General jurisdiction covers normal civil litigation subject to two conditions. One, the two parties must come from two different states. Two, the damages claimed in the lawsuit must be at least $75,000. What this means is that, so long as both participants are US citizens, a general jurisdiction case can be heard in at least one state court as well. Either party can move for removal of the case to Federal court, which they may do for a variety of strategic reasons. Federal courts often have a shorter docket, meaning that the case may be heard more quickly than in state court.
Courts also have subject matter jurisdiction, which means that the federal courts have the power to hear the particular type of case regardless of the requirements of general jurisdiction. A short list of the type of claims that can be heard in federal court because of subject matter jurisdiction: copyright claims, civil rights claims, bankruptcy cases, and admiralty claims.
Once jurisdiction is found, the claim advances to the pleading stage of the pre-trial.
[edit] Pleadings
Unlike many state courts, the federal courts have a simplified pleading system called notice pleading. Notice pleading requires a “short and plain statement of claim showing the pleader is entitled to relief” in the complaint. The complaint is met with the answer, which is a document that admits or denies the allegations made in the complaint, as well as making any counter-claims the defendant may have against the defendant (any counter-claim, though it is required that any counter claim arising from the same incident be litigated in the same trial).
