Essay on "Civil Procedure"

Essay 4 pages (1029 words) Sources: 1

[EXCERPT] . . . .

Civil Procedure

Under the broadest definition, civil procedure refers to the regulations under which courts engage in civil trials. "Civil trials' concern the judicial resolution of claims by one individual or group against another and are to be distinguished from 'criminal trials,' in which the state prosecutes an individual for violation of criminal law. 'Procedure' is to be distinguished from 'substantive law' in that substantive law defines the rights and duties of everyday conduct, such as in contract law or tort law" (cornell.edu, 2010). A great number of statues deal with the jurisdiction of the civil courts. The fourteenth amendment famously bestows individuals with the right to life, liberty and property and such things cannot be taken away without the appropriate due process of law. And that due process includes the right to an attorney and the right to cross-examine witnesses; furthermore, there are certain issues and situations that potential plaintiffs aren't allowed to sue one regarding.

A number of pervasive issues abound in the task of civil procedure; one of them is personal jurisdiction. "In International Shoe, the Supreme Court held that the courts of a state may exercise personal jurisdiction over a defendant if she has such minimum contacts with the state that it would be fair to require her to return and defend a lawsuit in that state" (Glannon, 2008). This is a very typical example of the commonly vague language that abounds in civil procedure. Essentially what is being suggested here is that when a corporation decides to engage in official business activities within a particular state essentially accepts (directly or indirectly) to answer for all its in-state activities within the arena of the local courts (Glannon, 2008). Thus, any entity of business needs full comprehension of how his or her activities will have an impact in the geographical area and that they have to be held accountable to the courts. Truly the rationale and implication need to be understood as there indicates a relevant narrowing on minimum contacts jurisdiction. As a result of the fact that the courts power to engage in authoritative jurisdiction arises from an entity's position to the state, the power should be held exclusively to cases which stem directly from that relations (Glannon, 2008). Fundamentally, the Fourteenth amendment to the constitution imposes basic limitations on the power of state courts to engage in personal jurisdiction over defendants in civil suits (Glannon, 2008).

It's also important to note that many assertions of jurisdiction under a long arm statute are constitutional -- though not all. Within the arena of civil procedures it can be notoriously difficult to determine what is and is not constitutional. Another basic principle of civil procedures is that the courts may not engage in judicial power over another person unless that individual has given himself over to the jurisdiction of the courts of that particular state of the union (Glannon, 2008). A clear example of this would be if a New York journalist slanders a celebrity in a local New York newspaper, and the celebrity, in California, files suit with that journalist. The… READ MORE

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