Thursday, August 8, 2019

Civil Procedures Thesis Example | Topics and Well Written Essays - 750 words

Civil Procedures - Thesis Example 22). See the Appendix for a summary of the different parts of FRCP. The American legal system used to be a part of the British Empire in North America, which was loosely organized in the terms of national coherence simply because of the colonial rule. After independence, the lack of coherence in the legal system of the country became more conspicuous. The different district courts and regional bodies spread across the United States had formulated their own procedural systems that varied widely from one court to another. According to Wright and Miller (2002), the Process Act of 1792 was one of the first important and concrete attempts to bring about a uniform civil procedural paradigm throughout the federation. With the expansion of the United States throughout the early 19th century, legal issues surfaced time and again regarding the member states that were joining the initial thirteen colonies. US Congress took effective measures to overcome this problem and avoid confusions due to simultaneous application of both the common and civil laws. By the Tariff Act of 1828, US Congress provided a roadmap for the different states to follow a standard civil procedural system (Wright and Miller, 2002). However, debate and lack of legal coordination at the federal level continued. Major political and military developments during the Civil War and the World War I necessitated a federally recognized legal system all across the United States so that the union could be strengthened and harmonized. Finally in 1935, the Federal Supreme Court compiled the Federal Rules of Civil Procedure (FRCP) that became the backbone of the bijuridical legal framework of the United States (Spencer, 2010; Wright and Miller, 2002). Despite the successful implementation of FRCP, each state in the United States has considerable autonomy regarding the

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