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Question for the Attorneys RE Federal Courts

Posted on 1/9/18 at 12:18 pm
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 1/9/18 at 12:18 pm
Sometimes I hear the news discussing cases and there are questions like standing, or the type of relief someone seeks, or what a court can and cannot do, and so forth.

What is the rule book or source used to spell ths out?

Is there an official source to look up, or a recommended text?

Thanks in advance.

ETA No I'm not going to court. I'm just curious.
This post was edited on 1/9/18 at 12:19 pm
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 1/9/18 at 12:21 pm to
The Federal Rules of Civil Procedure
Posted by Number2
Baton Rouge
Member since Nov 2009
2257 posts
Posted on 1/9/18 at 12:21 pm to
Federal Rules of Civil Procedure

The Constitution

Cases
Posted by boosiebadazz
Member since Feb 2008
80227 posts
Posted on 1/9/18 at 12:29 pm to
I’ve got a civil procedure textbook from law school I’ll sell you for... tree fiddy ($3.50).
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48305 posts
Posted on 1/9/18 at 12:31 pm to
quote:

Sometimes I hear the news discussing cases and there are questions like standing, or the type of relief someone seeks, or what a court can and cannot do, and so forth.

What is the rule book or source used to spell ths out?

Is there an official source to look up, or a recommended text?



So basically "what is the practice of law?"
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83929 posts
Posted on 1/9/18 at 12:35 pm to
Posted by Havoc
Member since Nov 2015
28326 posts
Posted on 1/9/18 at 12:56 pm to
Also there are some great handbooks out there issued annually that give developments and details per court.

Also each court has local rules on their website in case anything is done differently.
Posted by Barrister
Member since Jul 2012
4611 posts
Posted on 1/9/18 at 1:07 pm to
quote:

source used to spell ths out?


Law School

quote:

a recommended text?


Your professor will identify the text books used.
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 1/9/18 at 1:10 pm to
All of that is Con Law and Civil Procedure. The Federal Judicial Center is a great resource for things like this. I haven’t ever bothered to look up standing, but they usually have good documents on a wide range of topics.

Google it and go to town. The FJC book on Section 1983 is my bible.
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 1/9/18 at 1:48 pm to
quote:

So basically "what is the practice of law?"


Yes, are there cliffs for that?
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 1/9/18 at 1:49 pm to
quote:

Law School


Not in law school.

quote:

Your professor will identify the text books used.


See above.
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 1/9/18 at 1:50 pm to
quote:

All of that is Con Law and Civil Procedure. The Federal Judicial Center is a great resource for things like this. I haven’t ever bothered to look up standing, but they usually have good documents on a wide range of topics.

Google it and go to town. The FJC book on Section 1983 is my bible.


Had never heard of the FJC. Thanks.
Posted by Lake Vegas Tiger
Lake Vegas
Member since Jun 2014
3248 posts
Posted on 1/9/18 at 2:40 pm to
i advise that you need to see a lawyer
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 1/9/18 at 3:10 pm to
And pay those fees? I'm in a van down by the river. I can't afford that.

I think FJC will answer these questions, after taking a look at it. So thank you again for the poster above mentioning that.

Now I'll have a better idea of what people are talking about on some of these news stories.
Posted by NIH
Member since Aug 2008
112610 posts
Posted on 1/9/18 at 3:18 pm to
Email your questions to Ray Lamonica
Posted by Eternally Undefeated
Member since Aug 2008
899 posts
Posted on 1/9/18 at 4:09 pm to
"Standing" doesn't just apply to federal courts. It means that you must be a proper person to bring a suit. As an example, if your close friend is injured or killed in an accident, under law, you generally don't have "standing" to recover damages for it.

Federal courts cannot hear cases unless (1) a "federal question" [defined as something derivative from a federal law or the US Constitution] is involved or, (2) the value of the claim exceeds a proscribed jurisdictional amount AND the parties involved in the case all reside in different states (called "complete diversity").
This post was edited on 1/9/18 at 4:10 pm
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
66924 posts
Posted on 1/9/18 at 4:11 pm to
Federal Rules of Civ Pro and the local rules for the District. And Dot the 'i's, cross the 't's and tuck your shirt in before you go into court.

You can also check out Pennoyer v Neff, International Shoe, etc.




This post was edited on 1/9/18 at 4:12 pm
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