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Encyclopedia > Doctrines of civil procedure

U.S. Federal
civil procedure doctrines
Justiciability
Advisory opinions
Standing  · Ripeness  · Mootness
Political questions
Jurisdiction
* Subject matter jurisdiction:
Federal question jurisdiction
Diversity jurisdiction
Removal jurisdiction
Amount in controversy
* Personal jurisdiction:
Jurisdiction in rem
Minimum contacts
Federalism
Erie doctrine  · Abstention
Sovereign immunity  · Abrogation
Rooker-Feldman doctrine
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Civil procedure doctrines are rules developed by case law as opposed to being set down in codes or legislation, which, together with Court Rules / Codes, define the steps that a person involved in a civil lawsuit can, may, or can not take. Official seal of the Supreme Court of the United States File links The following pages link to this file: Marbury v. ... For other uses, see United States (disambiguation) and US (disambiguation). ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... Justiciability is a term used in civil procedure to describe whether a dispute is capable of being settled by a court of law. ... An advisory opinion, in civil procedure, is an opinion issued by a court that does not have the effect of resolving a specific legal case, but merely advises on the constitutionality or interpretation of a law. ... In law, standing is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged. ... In law, ripeness refers to the readiness of a case for litigation; for example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. ... This article is about the law term moot. ... In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there... In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... Subject matter jurisdiction is a legal term used in civil procedure to indicate that a case must be entered in the proper court of law based on the nature of the claim. ... Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution, laws, or treaties of... Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are diverse, meaning that they come from different states. ... In the United States, removal jurisdiction refers to the power of a defendant to move a lawsuit filed in state court to the Federal district court of the original courts district. ... Amount in controversy (sometimes called jurisdictional amount) is a term used in United States civil procedure to denote a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the case. ... Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ... Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants; this is called jurisdiction in rem. ... Minimum contacts is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert in personam jurisdiction (i. ... Federalism is the idea of a group or body of members that are bound together (latin: foedus, covenant) with a governing representative head. ... The Erie doctrine is a fundamental legal doctrine of Civil procedure in the American legal system that stems from Supreme court Justice Louis Brandeis watershed opinion in the landmark decision of Erie Railroad Co. ... An abstention doctrine is any one of several doctrines that a United States federal court might (or in some cases must) apply to refuse to hear a case, when hearing the case would potentially intrude upon the powers of the state courts. ... Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law. ... The abrogation doctrine is a doctrine in United States constitutional law which permits the U.S. Congress to allow lawsuits seeking monetary damages against individual U.S. states, so long as this is usually done pursuant to a constitutional limitation on the power of the states. ... The Rooker-Feldman doctrine is a rule of civil procedure enunciated by the United States Supreme Court in two cases, Rooker v. ... Doctrine, from Latin doctrina, (compare doctor), means a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... In communications, a code is a rule for converting a piece of information (for example, a letter, word, or phrase) into another form or representation, not necessarily of the same sort. ... Legislation refers to the process of enacting statutory laws, or to the set of statutory laws in a state. ... A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ...


In the United States Federal jurisdiction, these doctrines have developed to comprehensively deal with certain common issues that arise when a person is involved in bringing, or contemplating bringing a civil lawsuit.


In other jurisdictions, similar doctrines exist (however they are not always referred to as 'Doctrines of Civil Procedure', although often they have much less importance, for example in England and Wales, all Civil Procedure is covered by the Civil Procedure Rules 1998, which according to Part 1 of those rules are a 'new procedural code', and have therefore largely replaced any pre-existing doctrines. Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... The Civil Procedure Rules 1998 came into force in England & Wales on 26 April 1999, largely replacing and significantly overhauling the previous Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules. ...


See Also

Civil Procedure Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or...


 
 

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