Moore's Federal Practice is an American legal treatise covering the Federal Rules of Evidence, Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and Federal Rules of Appellate Procedure. [1] Along with Wright and Miller's Federal Practice and Procedure , it is one of the most frequently cited treatises in federal court practice in the United States. [2]
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise," with the term being used broadly to define books written for practicing attorneys and judges, textbooks for law students, and explanatory texts for laypersons. The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise.
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules.
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. 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. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure.
An indictment is a criminal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment.
Law is the set of rules and principles (laws) by which a society is governed, through enforcement by governmental authorities. Law is also the field which concerns the creation and administration of laws, and includes any and all legal systems.
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action.
Parliamentary procedure is the body of rules, ethics and customs governing meetings and other operations of clubs, organizations, legislative bodies and other deliberative assemblies.
Judgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law (JMOL) that is sometimes rendered at the conclusion of a jury trial. In U.S. federal civil court cases, the term has been replaced by the renewed judgment as a matter of law, which emphasizes its relationship to the judgment as a matter of law. In U.S. federal criminal cases, the term is "judgment of acquittal".
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the movant, or may simply be the moving party. The party opposing the motion is the nonmovant or nonmoving party.
A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt or liability, and most often refers to such a type of settlement in the United States. The plaintiff and the defendant ask the court to enter into their agreement, and the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties. It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, settlement agreements, or consent judgment. Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation.
A learned treatise, in the law of evidence, is a text that is sufficiently authoritative in its field to be admissible as evidence in a court in support of the contentions made therein.
A law library is a special library used by law students, lawyers, judges and their law clerks, historians and other scholars of legal history in order to research the law. Law libraries are also used by people who draft or advocate for new laws, e.g. legislators and others who work in state government, local government, and legislative counsel offices or the U.S. Office of Law Revision Counsel and lobbying professionals. Self-represented litigants also known as pro se litigants will also use law libraries.
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings is governed by the separate Federal Rules of Evidence.
Bernard J. Ward was a legal educator and authority on the federal courts. He practiced general law in New Orleans, 1949-1953, and taught in the law schools at Loyola University New Orleans, 1952-1953, at Notre Dame, 1954-1968, and at the University of Texas at Austin, 1966 to 1982.
Richard Freer is a leading American academic in civil procedure and the Robert Howell Hall Professor of Law at Emory University School of Law in Atlanta, Georgia. He has written numerous articles and has published 11 books during his career. Currently, his book on civil procedure is the preferred text on the subject at many law schools throughout the country. Freer is also a member of the Barbri staff and has lectured for Barbri for over thirty years.
The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law.
Robert Ernest Keeton was an American lawyer, jurist, and legal scholar. As a law professor at Harvard Law School and a United States District Judge of the United States District Court for the District of Massachusetts he was known for his work on torts, insurance law, and practical courtroom tactics. Keeton, with Jeffrey O'Connell of the University of Virginia School of Law, played a key role in the advancement of no-fault automobile insurance.
Lee Hyman Rosenthal is the Chief United States District Judge of the United States District Court for the Southern District of Texas.
Civil procedure in the United States consists of the rules of civil procedure that govern procedure in the federal courts, the 50 state court systems, and in the territorial courts. Civil procedures are distinct from criminal procedures in the US. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system.
The California Code of Civil Procedure was enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original California Codes. It contains most California statutes that govern the filing and litigation of lawsuits in the Superior Courts of California, as well as legal notices that must be given in a variety of circumstances. It also includes statutes of limitations that control the period of time during which a lawsuit must be commenced. It also contained some statutes governing the legal profession, but those were later relocated into the Business and Professions Code.
The Administrative Procedure Act (APA), Pub.L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. To protect citizens, the APA also grants the judiciary oversight over all agency actions. It is one of the most important pieces of United States administrative law. The Act became law in 1946.
Edward Hayes Cooper is the Thomas M. Cooley Professor of Law at the University of Michigan Law School. He is a leading scholar of civil procedure and federal jurisdiction. Cooper is among the most widely cited authorities in civil procedure.
The law of Mexico is based upon the Constitution of Mexico and follows the civil law tradition.
This law-related article is a stub. You can help Wikipedia by expanding it. |