4. By contrast to the Federal Rules, the writ system was claim-specific, not transsubstantive, so court procedure
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4. By contrast to the Federal Rules, the writ system was claim-specific, not transsubstantive, so court procedure differed depending on the injury alleged and the relief sought. Sir Henry Maine famously stated that the common law developed “in the interstices of Procedure” as courts adapted the royal writs to recognize new rights and remedies. Maine, Early Law and Custom 389 (1886). Do you see any benefits to claim-specific procedure? Any disadvantages?
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Related Book For 
Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff
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