Talk:Civil procedure

Untitled
First paragraph is really about US civil procedure. To show how silly it could get if made POV, I have added England and Wales items. I would welcome some idea as to how to proceed with this. Not everywhere is the US and its wikipedia policy to reflect this. It would be nice if the legal articles weren't so POV, but I can't see how to avoid it without US articles being separated out and a shorter much more general article being put in their stead. Francis Davey 13:50, 19 August 2005 (UTC)

I don't know what POV is, but if I understand the problem, I think it could be solved in part by simply adding "In the United States" to the beginning of the article. —Preceding unsigned comment added by 70.246.127.192 (talk • contribs)


 * POV ("point of view") means that it lacks a global point of view; for example, this article is centered on the American system of civil procedure, while the article on default judgment is exclusively English and Welsh in orientation. It would be nice to compare not only the British and American systems but also the Scottish, Canadian, Australian, and several not based on the English common system. Limiting it to one or two systems with a common heritage adds to the systemic bias that should be reduced as much as possible. 147.70.242.40 00:38, 15 February 2007 (UTC)

Where's the res judicata
The concepts of issue preclusion and claim preclusion are big civpro topics. John wesley 19:39, 26 April 2006 (UTC)

Dec 1, 2007 changes
Repeating my comment on the FRCP page: This is probably a larger undertaking than I have time for at present (hurray law school exams) but at some point soon the references to the FRCP should be updated to reflect the new "pain language" revisions that took effect Dec 1, 2007. Nskoch (talk) 02:13, 8 December 2007 (UTC)

'Civil procedure' accompanied with 'Civil procedure in U.S.' template?!
Screamer says it. —Preceding unsigned comment added by 89.142.228.132 (talk) 14:20, 22 May 2008 (UTC)

I will add 'POV' template in regard to Neutral_point_of_view. --89.142.227.110 (talk) 14:11, 27 May 2008 (UTC)

Enforcement of court decisions
I have found that English Wikipedia does not have an article about enforcement of court decisions in general. For example, in Russian law there are such terms as исполнительное производство (civil court decisions enforcement procedure) and обращение взыскания на имущество (recovery against property, i.e. seizure and sale of the debtor's assets). Are there relevant general English legal concepts? Would it make sence to have a general article about them (rules in different countries, etc.)? Olegwiki (talk) 14:46, 2 August 2010 (UTC)
 * Yes, there certainly are rules about enforcement of judgments. I suspect that any general, rather than country specific, article risks being original research. One way to start motivating such a general page would be to get specific pages written and then it would be much easier to write something that adopted a world-wide perspective. Its the kind of thing that would be useful as a series of pages 1/jurisdiction. Why not be bold and write up something for the Russian rules? Put a link here and encourage interested parties to look from this web page at what you've produced - we may have ideas about a useful common structure. Sounds exciting anyway and would be one way of making civil procedure articles less difficult to write by separating a discrete and coherent set of rules elsewhere. Francis Davey (talk) 17:08, 2 August 2010 (UTC)

What is the English term equivalent to обращение взыскания на имущество (i.e. seizure and sale of the debtor's assets)? Olegwiki (talk) 07:32, 3 August 2010 (UTC)


 * Probably a writ of execution. --Coolcaesar (talk) 13:46, 3 August 2010 (UTC)

Differences Subsection
This section is really terrible. It seems to contradict itself ("Criminal and civil procedure are the same." vs. "Most countries make a clear distinction between civil and criminal procedure."). It's also generally poorly-written with odd phraseology and sentence structure. I'm certain its wrong in places (American criminal courts award restitution all the time, and I'm pretty sure the prosecution asks the courts to do so routinely).

I think I actually lost knowledge trying to read it. I'd reckon it needs complete revision by an expert.98.17.202.244 (talk) 21:56, 10 May 2013 (UTC)

History
Some history on why civil and criminal cases have different procedure would be great. 76.102.26.97 (talk) 04:23, 23 May 2017 (UTC)