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Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
A former version of Chapter IX, contained in the original Rules of Civil Procedure, dealt with appeals from a District Court to a United States Court of Appeals. These rules were abrogated in 1967 when they were superseded by the Federal Rules of Appellate Procedure, a separate set of rules specifically governing the Courts of Appeals.
Procedural systems are constantly torn between arguments that judges should have greater discretion in order to avoid the rigidity of the rules, and arguments that judges should have less discretion in order to avoid an outcome based more on the personal preferences of the judge than on the law or the facts. Legal procedure, in a larger sense ...
Louisiana, the state of Louisiana moved for a jury trial, but the Court denied the motion, ruling that the suit was an equity action and not an action at law, and that therefore the Seventh Amendment guarantee of a jury trial did not apply. If a matter involving an action at law did come before the court, however, a jury would likely be ...
The United States Constitution provides that each "House may determine the Rules of its Proceedings," [1] therefore each Congress of the United States, upon convening, approves its own governing rules of procedure. This clause has been interpreted by the courts to mean that a new Congress is not bound by the rules of proceedings of the previous ...
Scheb wrote, "Most states have adopted similar rules of procedure to ensure that pleas are voluntary and comply with constitutional requirements." [ 2 ] He explained that judges have some discretion in determining the voluntary nature of the plea given by the defendant, "Rules concerning voluntariness and factual basis generally do not specify ...
Some documents are exempt from hearsay rules of evidence. [6] Beyond the scope: a question asked during cross-examination must be within the scope of direct, and so on. Calls for a conclusion: the question asks for an opinion rather than facts. Calls for speculation: the question asks the witness to guess the answer rather than to rely on known ...
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies. General principles of parliamentary procedure include rule of the majority with respect for the minority.