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WELCOME TO CIVIL PROCEDURE!. Prof. Susanna Frederick Fischer Columbus School of Law The Catholic University of America 202-319-5568 fischer@law.edu Class 1: 8/25/2003 TA – Daniel Herbst (2D). THE STUDY OF LAW.
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WELCOME TO CIVIL PROCEDURE! Prof. Susanna Frederick Fischer Columbus School of Law The Catholic University of America 202-319-5568 fischer@law.edu Class 1: 8/25/2003 TA – Daniel Herbst (2D)
THE STUDY OF LAW • There was a man in our townand he was wondrous wise:he jumped into a BRAMBLE BUSHand scratched out both his eyes--and when he saw that he was blind,with all his might and mainhe jumped into another oneand scratched them in again • - Karl Llewellyn, The Bramble Bush (1960)
CUA: A COMMUNITY OF SCHOLARS • Friendship • Faculty • Food
TODAY’S CLASS - GOALS • Learn what is Civil Procedure, why it’s an important and interesting course, and what you’ll study in the course. • Learn about the scope and purpose of the Federal Rules of Civil Procedure by studying Rule 1 of the FRCP • Course policies/procedures
What’s Civil Procedure? • CIVIL (not criminal) • PROCEDURE (not substantive)
Importance of procedure • Rule 1 FRCP: The Federal Rules of Civil Procedure “shall be construed and administered to secure the JUST, SPEEDY, and INEXPENSIVE resolution of every action.”
Why is Civil Procedure Important and Interesting? • Tested on state bar exams • You can’t understand substantive law without understanding procedure. • Civil Procedure is an introduction to the legal system and profession • Civil Procedure introduces many important legal skills • Civil Procedure involves values
Sources of Procedure • Rules promulgated by the courts • Legislation • Cases that interpret the rules and legislation
SCOPE of the FRCP • Where do these rules apply?