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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 …
The Place Of The Federal Rules In The Teaching Of Procedure, Delmar Karlen
The Place Of The Federal Rules In The Teaching Of Procedure, Delmar Karlen
Vanderbilt Law Review
If there is any proposition upon which teachers of procedure seem to agree it is that the Federal Rules ought to be a focal point of interest in the study of their subject. Most casebooks on general procedure published in recent years emphasize their concentration upon the Federal Rules: Vanderbilt's Cases on Modern Procedure and Judicial Administration, Field and Kaplan's Materials on Civil Procedure, Brown, Vestal and Ladd's Cases and Materials on Pleading and Procedure, to mention only a few. And when older casebooks, like Scott and Simpson's Cases and Other Materials on Civil Procedure or Clark's Cases on Modern …