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Work Product
In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel. It is also known as the work-product rule, the work-product immunity, the work-product exception, and the work-product privilege, though there is debate about whether it is truly a "privilege." This doctrine does not apply in other countries, where such communications are not protected, but where the legal discovery process itself is much more limited. Doctrine Under the work-product doctrine, "tangible material or its intangible equivalent" that is collected or prepared in anticipation of litigation is not discoverable.'' Hickman v. Taylor''. Comparison with attorney–client privilege The work-product doctrine is more inclusive than attorney–client privilege. Unlike the attorney–client privilege, which includes only communications between an attorney and the client, work product includes materials prepared by persons other th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure
Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function. Differences from criminal procedure In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigation
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discovery (law)
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain Evidence (law), evidence from other parties. This is by means of methods of discovery such as interrogatories, Request for production, requests for production of documents, request for admissions, requests for admissions and Deposition (law), depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order. History Discovery evolved out of a unique feature of early Equity (law), equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hickman V
Hickman or Hickmann may refer to: People * Hickman (surname), notable people with the surname Hickman or Hickmann * Hickman Ewing, American attorney * Hickman Price (1911–1989), assistant secretary in the United States Department of Commerce * Mônica Hickmann Alves (born 1987), Brazilian footballer * Orville Hickman Browning (1808–1881), American attorney and politician in Illinois * Thomas Hickman Williams (1801–1851), American politician in Mississippi Places United States * Hickman, California * Hickman, Delaware * Hickman, Kentucky * Hickman, Maryland * Hickman, Nebraska * Hickman, Tennessee * Hickman County (other) * Hickman, Rey Schools * David H. Hickman High School, in Columbia, Missouri, United States * Hickman Elementary School (other) Other uses * Hickman line, an intravenous catheter * '' Hickman v. Taylor'', a 1947 United States Supreme Court case * ''Mackeigan v Hickman ''Mackeigan v Hickman'', 9892 S.C.R. 796 is a leading ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney–client Privilege
Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States. Attorney–client privilege is " client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney." The attorney–client privilege is one of the oldest privileges for confidential communications. The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation. History The origins of attorney–client privilege trace back to medieval England, where the king presided over trials and relied on attorneys to present cases. Because attorneys were considered officers of the court, they were expected to fully disclose all relevant information. However, as legal representation evolve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro Se
''Pro se'' legal representation ( or ) means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney. The term ''pro se'' comes from Latin ''pro se'', meaning "for oneself" or "on behalf of themselves". This status is sometimes known as ''in propria persona'' (abbreviated to "pro per"). In England and Wales the comparable status is that of " litigant in person". In Australia and Canada, the term is self-represented litigant (SRL). Prevalence According to the National Center for State Courts in the United States, as of 2006 ''pro se'' litigants had become more common in both state courts and federal courts. This increase is due to a number of factors, including a fall in funding for federal legal aid, an increase in provision of limited legal assistance, and increase in divorce rates. Estimates of the ''pro se'' rate in family law cases over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United States federal judicial district, districts: * United States District Court for the District of Delaware, District of Delaware * United States District Court for the District of New Jersey, District of New Jersey * United States District Court for the Eastern District of Pennsylvania, Eastern District of Pennsylvania * United States District Court for the Middle District of Pennsylvania, Middle District of Pennsylvania * United States District Court for the Western District of Pennsylvania, Western District of Pennsylvania This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article IV United States territorial court, territorial court and not a district court under Article III of the Constitution. The c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Conference Of The United States
The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States. The Conference derives its authority from , which states that it is headed by the chief justice of the United States and consists of the chief justice, the chief judge of each court of appeals federal regional circuit, a district court judge from various federal judicial districts, and the chief judge of the United States Court of International Trade. History Responding to a backlog of cases in the federal courts, in 1922 Congress enacted a new form of court administration that advanced the institutionalization of an independent judiciary.Federal Judicial CenterJudicial Conference of the United States, 1922–. The establishment of an annual Conference of Senior Circuit Judges, later to be known as the Judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. At the time (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 U.S.C. 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure
Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function. Differences from criminal procedure In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
