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Civil Justice ReconsideredToward a Less Costly, More Accessible Litigation System$
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Steven P. Croley

Print publication date: 2017

Print ISBN-13: 9781479855001

Published to NYU Press Scholarship Online: January 2018

DOI: 10.18574/nyu/9781479855001.001.0001

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The Civil Litigation System

The Civil Litigation System

An Orientation

Chapter:
(p.11) 1 The Civil Litigation System
Source:
Civil Justice Reconsidered
Author(s):

Steven P. Croley

Publisher:
NYU Press
DOI:10.18574/nyu/9781479855001.003.0002

This chapter provides a primer to the subject matter of the book. It introduces the reader to the basic mechanics of the civil litigation system: the structure of the courts, the boundaries of litigation, the different types of civil claims and defenses, and parties to civil cases (distinguishing plaintiffs and defendants), the fundamentals of a civil action, and the overall volume of civil litigation across different types of cases, including contract, tort, and others. In addition to offering an overview of civil litigation, this chapter also emphasizes the need for a shared understanding of what the system does and what it is supposed to do—laying the groundwork for the chapters that follow.

Keywords:   litigation, civil claim, plaintiff, defendant, contract, tort, claims, defenses

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