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Legal Encyclopedia - Court rules

Table of contents

1 court rules: an overview

2 menu of sources

2.1 Federal Material

2.1.1 Federal Statutes
2.1.2 Federal Court Rules

2.2 State Material

2.2.1 State Statutes
2.2.2 State Judicial Decisions

2.3 Other References

2.3.1 Key Internet Sources
2.3.2 Useful Offnet (or Subscription - $) Sources

3 other topics

court rules: an overview

Courts of general jurisdiction have the power to hear claims as long as there is a controversy among parties with diverse interests and conflicting claims. There are additional requirements placed on the controversy depending on what type of court the claim is filed in. Not all claims can be filed in all courts. Each court has certain defined jurisdiction and categories of disputes may be excluded because of the amount at stake. For instance, in federal courts, if jurisdiction is based on diversity of citizenship, the amount in controversy must exceed $75,000. (See 28 U.S.C. § 1332).

The types of disputes that can be brought before a court are commonly laid down by statute. Court rules, some of them explicitly set out in codes issued by the court and others established by precedent, set other limits on when disputes can be brought before the court and how. Generally, controversies must be justiciable. A controversy is not justiciable if it predominantly involves a political question; the answer to which should really be left to the legislative or executive branch. Additionally, courts will generally not decide cases that are not ripe -- that is, what is actually in controversy has not yet become concrete.

menu of sources

Federal Material

Federal Statutes

U.S. Code: 28 U.S.C. - Judiciary and Judicial Procedure

Federal Court Rules

Supreme Court Rules (http://www.law.cornell.edu/rules/supct/overview.html)
Rules of Civil Procedure (http://www.law.cornell.edu/rules/frcp/)
Rules of Criminal Procedure (http://www.law.cornell.edu/rules/frcrmp/)
Rules of Bankruptcy Procedure (http://www.law.cornell.edu/rules/frbp)
Rules of Evidence (http://www.law.cornell.edu/rules/fre/)

State Material

State Statutes

State Statutes relating to Courts and Court Officers (http://www.law.cornell.edu/topics/state_statutes.html#courts)

State Judicial Decisions

N.Y. Court of Appeals:

Rules (http://www.courts.state.ny.us/rules/index.html)
Recent Decisions Dealing with Court Rules (http://www.law.cornell.edu/nyctap/search/index.html?query=court+and+rules+and+regulations+and+administration+not+liibulletin)
Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+court+and+rules+and+regulations)

Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

Other References

Key Internet Sources

Nolo Legal Encyclopedia (http://www.nolo.com/article.cfm/ObjectID/159381D6-E3A3-4B65-B24392EF8F06E693/catID/8F965511-320B-429E-AFF92326E148C549/104/308/214/ART/)
ABA Section of Litigation (http://www.abanet.org/litigation/home.html)
Litigator's Internet Resource Guide: Rules of Court (http://www.llrx.com/columns/litigat.htm)
Federal Judiciary Homepage (http://www.uscourts.gov/)
Senate Judiciary Committee (http://www.senate.gov/~judiciary/)
House Judiciary Committee (http://www.house.gov/judiciary/)

Useful Offnet (or Subscription - $) Sources

LII Downloads (http://www.law.cornell.edu/disk.html)

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