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In this lesson, you will learn what civil procedure is, the right to be heard, substantive vs. procedural law, and jurisdiction.
The courts, the law, and basic rights
- What is the civil procedure?
- The right to be heard
- Substantive vs. procedural law
- Jurisdiction
Transcript
What is civil procedure? Civil procedure consists of the rules that govern procedures in federal state and territories.
Civil procedure concerns civil cases, not criminal ones. The first, fifth, and fourteenth amendments give you the right to the court system and to due process. Courtroom5 based decisions on substantive and procedural laws. Substantive laws tell us our rights and how to behave and are interpreted by the Courtroom5 instance, most states have a law on the books against trespassing.
If you trespass on someone\’s property and they sue you, they will consult a substantive law that says it\’s wrong to trespass. They may find case law in which courts have ruled against people trespassing. Procedural law sets out the rules for enforcing the law or for bringing a suit. For instance, a procedural rule may tell you how much time the property owner has to sue you or where to go to file the suit.
This entire course is about procedural law. Procedural law allows everyone to have their day in court.
That way, people won\’t resort to less civilized means of being heard. In every state, there is a book or website that provides rules for how to proceed in court. Those instructions are typically called rules of civil procedure. To survive in court, you should find these rules for your jurisdiction.
One of the first things you do procedurally in litigation is determine jurisdiction. That is, you pick the court with authority to hear your case. Is your case valued at under $500? Is it a divorce case, or will you be suing someone in another state? Each of these scenarios requires a different court.