Federal Courts: Substance and Procedure: Effect of Erie Railroad v. Tompkins and Rule 8 (c) of the Federal Rules of Civil Procedure upon Burden of Proof of Contributory Negligence

1939 ◽  
Vol 37 (8) ◽  
pp. 1249
Author(s):  
John H. Uhl
Keyword(s):  
Burden Of Proof ◽  
Civil Procedure ◽  
Federal Courts ◽  
Contributory Negligence

Does Procedural Mean Trans-substantive? A Historical and Normative Analysis of English Civil Procedure Rules

2020 ◽  
pp. 245-268
Author(s):  
Carla Crifo
Keyword(s):  
Nineteenth Century ◽  
Legal System ◽  
Civil Procedure ◽  
Federal Courts ◽  
Civil Litigation ◽  
American System ◽  
Normative Analysis

One of the outcomes of the Judicature Acts’ reforms of English civil litigation in the nineteenth century was the separation of ‘substance’ from ‘procedure’, by introducing rules of court that were expected to apply trans-substantively, in contrast to the previous forms of action. This was not an express central aim of the reformers, who may also have been influenced by the then concurrent creation of the American system of federal courts and their civil procedure. The chapter identifies the historical, philosophical, and ideological buttresses of the trans-substantive nature of procedural rules in the English legal system, and how trans-substantivity itself differs from the cognate values of generality and uniformity. It then explores whether any one of these concepts is still used, or useful, in English civil procedure.

Sign in / Sign up

Export Citation Format

Share Document