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The Objective And Function Of The Complaint: Common Law -- Codes -- Federal Rules, Fleming James, Jr.
The Objective And Function Of The Complaint: Common Law -- Codes -- Federal Rules, Fleming James, Jr.
Vanderbilt Law Review
Before a court can properly decide a case and enter judgment, certain things must have taken place. The court must have obtained jurisdiction over the parties and over the controversy to be decided.'Limits must be set to the controversy so that the court and the parties may know how to direct their efforts, and so that the court may rule on questions of relevancy. The issues of fact and of law must be framed so that each is allocated to the appropriate tribunal for decision and is presented clearly enough so that the tribunal knows what to decide. The adversary …
Amendments To The Federal Rules: The Function Of A Continuing Rules Committee, Charles A. Wright
Amendments To The Federal Rules: The Function Of A Continuing Rules Committee, Charles A. Wright
Vanderbilt Law Review
No development in American procedural history in the last century has exceeded in importance the adoption by the United States Supreme Court in 1938 of the Federal Rules of Civil Procedure. These rules, the product of a distinguished Advisory Committee, introduced a system and a philosophy differing as markedly from the code pleading then in vogue as code pleading, in its day, had differed from common-law pleading. This new system has worked well in the federal courts, so well indeed as to stimulate a reexamination of procedure in many of the states, with nearly a dozen jurisdiction shaving already adopted …