Civil Dispute Resolution Systems

1
Civil Dispute Resolution Systems

• Introduction and History

2
Goals and Values

• Right result
• Legal truth
• Real truth
• Apply law to facts
• Resolve the problem
• Efficiency
• Time
• Minimize direct costs
• Minimize error costs
• Preserve relationships

• Broad Societal Values
• Appearance of fairness
• Right to be heard
• Control over ones own dispute
• Community participation
• Educate people on law in society
• Preserve broad societal interests

3
Goals, contd

• Ascertain the subject for decision
• Decide
• Minimize direct costs of litigation
• Minimize error costs of litigation

4
Early English Practice

• Legal Actions
• Plaintiff filed writ/declaration ( pigeonhole)
• Defendant could challenge the writ
• On the merits demurrer traverse confession and
  avoidance
• Not on the merits jurisdictional challenge
  plea in suspension plea in abatement
• Relief limited to money damages
• Equity
• Plaintiff filed bill
• Broader relief injunction, specific
  performance, rescission, reformation,
  constructive trusts, etc.

5
Pleading

• provide defendant (or plaintiff) notice of the
  nature of a claim (or defense)
• provide court notice of the nature of a claim or
  defense
• identify baseless claims/help decide the merits
• present each partys view of the facts
• identify and narrow the issues
• preserve the record

6
Code Pleading

• Field Code 1848
• Created the civil action.
• Complaint must contain a statement of the facts
  constituting the cause of action, in ordinary and
  concise language, without repetition, and in such
  a manner as to enable a person of common
  understanding to know what is intended.

7
FRCP 1938

• merger of law and equity
• simplification and limitation of pleading process
• broadening of claims and party joinder
• liberalization of amendments to pleadings
• deemphasis of variances between pleading and
  proof
• established comprehensive procedures for discovery