Civil Procedure 民事诉讼程序.docVIP

 PAGE \* MERGEFORMAT 35 Civil Procedure 民事诉讼程序 Introduction to Civil Procedure Part One: The Course of Civil Procedure The basic first year civil procedure course is designed to teach how lawyers choose a proper court and how they frame and present their cases throughout the proceedings until a judgment has been reached and all available appeals have been pursued. The impact of judgments on future litigation also may be explored . Thus ,the primary focus in this course is on the methods and tools available to the litigator . This study requires an inquiry into judicially developed doctrines, as well as various rules and statutes governing the civil courts. At time it will produce questions that are theoretical or constitutional; at other times issues of careful or strict rule interpretation will be paramount. Throughout , it is important to keep in mind the purpose underlying the development of the civil procedure rules and doctrines --to provide a just, efficient and economical means by which persons can resolve their disputes. Not always will this purpose be met and , as we will see,some of the existing procedures have been used by attorneys to thwart this goal . Nonetheless , the desire to achieve justice, efficiency , and economy in our civil dispute resolution process underlies the way in which the courts apply and interpret the government rules In studying the procedures by which legal rights are vindicated, it also is important to remember that the Anglo-American judicial system is based on the adversary model . The judge sits solely to rule on disputed questions , as presented by the parties , and to apply sanctions when they are properly requested by a party. The lawyers shape the contours of the action. Issues not raised, objections no made , or points not challenged are ,with very few exceptions , waived . The case moves forward only in response to the demands of the parties. While modern judges have tended to take a somewhat more active role in