Loading...
Forms of Action Under the Federal Rules of Civil Procedure
Hazard, Geoffrey
Hazard, Geoffrey
Files
Loading...
Forms_of_A.pdf
Adobe PDF, 1.33 MB
Abstract
The Federal Rules of Civil Procedure carry out two basic concepts. The first is that the unit of litigation should be the transaction as it occurred in the out-of-court world, and not some part of the transaction that might be encapsulated in one or another single substantive legal theory. This concept is expressed in the Federal Rules' liberalized rules governingjoinder of claims andjoinder of parties. The rule as to joinder of claims provides that all claims between two opposing parties may be asserted in a single action. A correlative rule of claim preclusion has developed on the basis of this rule, to the effect that, in the absence of excusing circumstances, all "rights" and grounds of relief arising out of the transaction must be asserted in the single action.