Simple English definitions for legal terms
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Civil procedure refers to the rules and practices that courts follow when conducting civil trials. Civil trials involve resolving claims between individuals or classes, as opposed to criminal trials where the state prosecutes individuals for violating criminal law.
In the United States, civil procedure is governed by a series of rules and practices. Federal courts follow the Federal Rules of Civil Procedure (FRCP), while state courts follow their own state rules of civil procedure. Evidentiary rules are also governed by the Federal Rules of Evidence in federal courts and state rules of evidence in state courts.
The Due Process Clause in the Fifth and Fourteenth Amendments guarantees both procedural and substantive due process. Procedural law refers to the guarantees of certain procedural methods and rules, while substantive law refers to the rights and duties of everyday conduct, such as those related to contract and tort law.
Pre-trial activities are also governed by rules of civil procedure, even if most suits are settled before trial through negotiated settlements or arbitration. The initial burden is on the plaintiff to file suit in court and demonstrate a legitimate claim.
Examples of civil procedure include the Federal Rules of Civil Procedure and Evidence, state rules of civil procedure and evidence, and judicial decisions and rules at both the federal and state levels.
For instance, the Federal Rules of Civil Procedure set guidelines for how information is presented in court and by what standards of proof it will be adjudged. Similarly, state statutes dealing with civil procedure and evidence provide guidance on how cases are handled in state courts.