Law Preview - Civil Procedure

When courts are asked to resolve legal disputes, they must use both substantive and procedural rules. At Law Preview, and later in law school, you will study bodies of substantive law like Contracts, Constitutional Law, Criminal Law, Property, and Torts. These courses explore the rules that govern the interactions between people, society, and government. By contrast, Civil Procedure examines the procedural rules that courts employ when resolving disputes.

In Civil Procedure, students learn the language, structure, and interpretation of the complex rules governing the operation of the American federal civil justice system. Students analyze cases and problems concerning when, where, and whether to bring a lawsuit; against whom to bring the action; and what procedural options are available to respond strategically to the changing circumstances as the lawsuit proceeds.

Civil Procedure also concerns a defense attorney's vast array of procedural options and maneuvers in defending a lawsuit. For an attorney in a defensive posture, a mastery of Civil Procedure is important because it sometimes allows a party to dispose of a lawsuit without ever reaching the substantive legal issues of the case (e.g., Contracts, Constitutional Law, Property or Tort issues). While outsiders to the legal system are often incensed by the ability of attorneys to win lawsuits through procedural means, they are equally troubled by the backlog of civil cases that prevents parties from achieving justice in a timely manner. When faced with the conflicting dual objectives of the civil justice system -- fairness and the economical use of judicial resources -- society has opted to temper justice with procedural rules that honor fairness in a limited way.