The NYC court system was designed to ensure justice for all people. Its purpose is to provide a fair and just evaluation of each individual case and make an unbiased decission based on how the law applies to the facts given. Although, this is how the court system is suppose to be administered, it has fallen short of its responsibilities.
Who is to blame for these short-comings? Is it the attorneys who will do whatever it takes to win a case; including lying and stealing? Is it the judges who do not penalize the attorneys for their behavior? Or is it the a Commission on Judicial Conduct, which has the authority to impose sanctions, from admonition to removal, on judges and justices of state and local courts, who do not hold the judges and attorneys accountable for their actions? The blame can not be placed on one party it is a joint responsibility. These rules govern the procedure in the United States district courts in all suits of a civil nature whether cognizable as cases at law or in equity or in admiralty, with the exceptions stated in Rule 81 . They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.
civil procedure: an overview
Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. “Civil trial” means the judicial resolution of claims by one individual or group against another, and is to be distinguished from “criminal trials,” in which the state prosecutes an individual for violation of criminal law.
“Procedure” is to be distinguished from “substantive law” in that substantive law defines the rights and duties of everyday conduct. Substantive law includes contract law, tort law, and so on.
A procedural system provides the mechanism for applying substantive law to real disputes. A good procedural system should provide guidelines as to what information is received by the judge or jury, how that information is to be presented, and what by standards of proof (“beyond a reasonable doubt,” “by clear and convincing evidence,” “by a preponderance of the evidence”) the information will be adjudged. A good procedural system ensures that similar cases will be treated similarly by the courts.
Although the majority of suits filed in the United States are settled before trial through negotiated settlements or arbitration, “civil procedure” strictly defined applies only in formal courts of law.
Under the American “common law” system, the initial burden is on the complaining party (the “Plaintiff”) to file suit in court. The Plaintiff also has the initial burden of demonstrating he has a legitimate claim.
In America, civil procedure usually takes the form of a series of rules and judicial practices. The federal courts follow the Federal Rules of Civil Procedure; the state courts follow their state rules of civil procedure.
In federal courts, evidentiary rules are governed by the Federal Rules of Evidence. The state courts follow their state rules of evidence.