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Giving examples as you do

1. discuss how these rules mentioned above serve some of the values
mentioned (and any other values you want to discuss),
2. how those values are sometimes NOT served so well under this system

ANSWER:

The civil litigation system in America has the purpose of promoting the
values of the justice system and these values are embodied in the rules of
procedure.
The most important value is fairness. Is from the principle of fairness
that all the other values, such as (1) full and fair access to information, (2)
the ability to identify and eliminate frivolous claims and defense, (3)
efficiency and economy, (4) the avoidance of inconsistent results and (5) the
protection of the rights of the parties to litigation to a fair resolution of their
disputes, came from.
The full and fair access to information can be found in every step of a
case. To ensure that the parties have all the information is to make sure that
they have all the opportunity to bring a claim or to respond to a claim in a
fair way.
For example, when the plaintiff files a complaint, the clerk will issue an
order of the court directing the defendant to respond to the complaint or, if
they dont, to suffer a default judgment (judgement entered against a
defendant for failure to contest a case). But for the default judgment to
happen, the court needs to make sure that the defendant had known about
the case. It makes sure by physically handing the summons and complaint,
or leaving at the person home or office with an adult residing or working
there with instructions to give it to the defendant. By assuring that, the court
can establish the personal jurisdiction, that is necessary for the court to issue
a binding judgment against that person.
Likewise, because the defendant has all the information they need,
they can respond to the claimant by raising a motion to dismiss or by filling
an answer.
The grounds for asking for a motion to dismiss are: (1) challenge to the
courts jurisdiction, (2) improper venue, (3) improper service or process, (4)
failure of the plaintiff to join an indispensable party or (5) failure of the
plaintiff to state a legal claim.
Another example of the value of the full and fair access to information
can be found at the discovery stage. The parties here have the power to
require anyone who has knowledge relevant to the case (including the other
party) to come forward and divulge that knowledge under oath. The
discovery allows the parties to be fully prepared before the trial starts.
The motions to dismiss brings reflects two of the values as well: first,
efficiency and economy, once by granting a motion to dismiss means that
there is no need to file for an answer, and that saves time and money.
And second, if the plaintiff didnt have enough arguments to bring a
claim forward or if the law does not provide for claims of that type, the court
exercises their duty to eliminate these frivolous claims or defenses. This is
reflected under the FRCP 11, once it provides that if the documents filed or
positions asserted n court do not live up to be true, the judge may award
sanctions against the attorney or party, which may include the full amount of
the opposing partys attorney fees that were made necessary because of the
groundless lawsuit or defense.
Another way that the judicial system demonstrates the value of
efficiency and economy is by allowing joinder of claims and parties and by
allowing class actions.
The joinder of claims allows the plaintiff to combine all the claims that
they have against the defendant, even if unrelated. The joinder of parties is
more limited. The plaintiffs may join together or may join multiple
defendants on their claims if its because of the same occurrence and have
an issue of law or fact in common. Additionally, if there are separate actions
pending with overlapping facts that could be tried together, those can be
consolidated or consolidated for pretrial proceedings.
Class action is a suit in which one or more representatives of a group of
people that have similar claims file a suit on behalf of the entire group. The
difference between class action and joinder claims is the size, which means
that the court will only allow a class action to come through if it finds that the
class is so large that joinder is not practicable. By allowing these methods,
the court saves time and gains efficiency when deciding the cases.
The possibility of the joinder of the cases, parties and the class suits
also reflects the desire for a more stable system, with consistent results. By
deciding the cases together, the court makes sure that its being consistent
with decisions and protects the ideal of the stare decisis.
Also, the judicial system reflects the ideal of protecting the right to
parties to litigate when assures that the class action can only exists if the
named plaintiff will adequately represent the interest of the unnamed class
members, once the adequate representation is essential for the judgment to
be binding upon the parties. This also reflects the ideal of the due process
clause.

** the single concentrated trial is the only opportunity the parties have to
prove their case and rebut the opposing partys evidence

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