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Encyclopedia of Law & Society: American and Global Perspectives

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Encyclopedia of Law & Society: American and Global Perspectives

David S. Clark

Pub. date: 2007 | Online Pub. Date: September 25, 2007 | DOI:http://dx.doi.org/10.4135/9781412952637 | Print ISBN: 9780761923879 | Online ISBN: 9781412952637 | Publisher:Sage Publications, Inc.

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Civil Court Procedures, Doctrinal Issues In

Robert C. Casad

All civil court procedure systems are designed to provide a just, authoritative, and final resolution of civil disputes. The mechanisms for achieving that resolution, however, vary widely from country to country and, within the United States, from state to state. Civil procedure in civil law countries is quite different from that in common law countries—England and most of her former colonies. Within the United States, some states have procedure systems derived from the so-called Field Code of the nineteenth century. Others, now a majority, have systems based on the Federal Rules of Civil Procedure (FRCP), first adopted in 1938. Civil procedure in Louisiana, derived from the French procedure code, is a hybrid of civil law and common law procedures. Even among states that have similar types of procedural systems, there is much variation in particular rules, doctrines, and practice. Some of the most important of these variations include the right ...

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