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Author Topic: Big picture?  (Read 566 times)

T00083

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Big picture?
« on: July 23, 2006, 02:25:45 PM »
Not that I am doing any pre-fall studying, but I was looking at a civ pro book and am wondering, what is the difference between the FRCP and 28 U.S.C. How do they fit together? 
For example I see stuff on FRCP rule 12 but then I also see stuff on 28 U.S.C. section 1391...what's the difference  are they both what we call the "Federal Rules of Civil Procedure," or are they different?   

J D

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Re: Big picture?
« Reply #1 on: July 23, 2006, 02:35:32 PM »
The key here, I think, is that there are certain statutes (usually, but not always coming under Title 28 of the US Code) which are relevant to civil procedure: often they define the jurisdiction of the federal courts, govern when a case can be removed to federal court from state court, or (in the case of section 1391) determine issues of venue (i.e., in which federal district of a state can or must the case be brought, if there is jurisdiction there; that's another can of worms entirely).  But these are statutes, which are nominally different from the Fed. R. Civ. P. (although the latter have the force of statute under the Rules Enabling Act, so for many purposes you will analyze them in the exact same way).
"I never think of the future.  It comes soon enough."--Albert Einstein

slacker

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Re: Big picture?
« Reply #2 on: July 23, 2006, 02:39:45 PM »
28 USC 1391 (http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001391----000-.html) is venue; who can be brought in for a civil action where. FRCP 12 (http://www.law.cornell.edu/rules/frcp/Rule12.htm) is defense pleadings; what needs to be in a defense.

Generally, statutes (USC) provide the big picture, the substance, but not all the detail. Rules, regulations, etc., including FRCP, FRE, etc., present more usable information such as the process required to conform to the requirements of a statute, for example.

Rockules318

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Re: Big picture?
« Reply #3 on: July 24, 2006, 12:29:33 PM »
What they said.
My one question is, why are you doing pre-fall studying?  Enjoy life while you can!

Shiftagon

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Re: Big picture?
« Reply #4 on: July 24, 2006, 01:00:27 PM »
You'll see when you start, how it fits together...You need some context thats all....Also, rockule, read the original post.  He was glancing at some textbooks not Pre-fall studying.  Nice hat