1. What did you think about it in relation to the chapter reading?

2. Did you learn something or did it help clarify something you read in the chapter?

3. Did it remind you of anything?

www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information

CHAPTER TWO: CIVIL PROCEDURE

As previously noted, the areas of law are divided into the

Civil side

and the

Criminal side

. In

this Chapter, we will look at the Civil side. This course will not cover, in any detail, the

Criminal side.

C

IVIL PROCEDURE

consists of the rules followed by all case participants (including judges,

attorneys, and the parties to the civil case) to navigate through the court system in civil suits or

trials. Likewise,

C

RIMINAL PROCEDURE

consists of the rules followed by all the case

participants, (including judges, attorneys, and parties to the criminal case) to navigate through

the court system during a criminal trial.

S

UBSTANTIVE LAW

deals with the legal relationship between people, or the people and the state,

thus defining the rights and duties of people.

P

ROCEDURAL LAWS

define the rules by which Substantive laws are enforced in a court of law.

Procedural laws are necessary to ensure fair practice and consistency in the "due process" of the

law.

Examples:

Substantive law - Florida Statute Chapter 767.13

Attack or bite by

dangerous dog; penalties; confiscation; destruction.

o

(1)

If a dog that has previously been declared dangerous attacks or bites

a person or a domestic animal without provocation, the owner is guilty of

a misdemeanor of the first degree, punishable as provided in s. 775.082 or

s. 775.083.

Procedural law - Florida Statute Chapter 767.13

Attack or bite by

dangerous dog; penalties; confiscation; destruction.

o

(3)

If the owner files a written appeal under s. 767.12 or this section, the

dog must be held and may not be destroyed while the appeal is pending.

Due process

of the law prohibits any levels of government from arbitrarily or unfairly depriving

individuals of their basic constitutional rights to life, liberty, and property. The due process

clause of the Fifth Amendment, ratified in 1791, asserts that no person shall "be deprived of life,

liberty, or property, without due process of law." This amendment restricts the powers of the

federal government and applies only to actions taken by the federal government.

The Due Process Clause of the Fourteenth Amendment, ratified in 1868, uses the same eleven

words. It declares,"[N]or shall any State deprive any person of life, liberty, or property, without

due process of law". This clause limits the powers of the states and describes a legal obligation

of the states. This is the only decree that the US Constitution states twice.

www.law.cornell.edu/wex/due_process

Thus, there has to be a fair and impartial set procedure in place to ensure that as a Plaintiff or

Defendant, you are not unfairly deprived of money, possessions, freedom, etc.. that rightfully

belong to you. Therefore, because of the Due Process Clauses, every court has 'Rules of Civil

Procedures'. Now days, these are posted online. For example, Florida Civil procedures

required by the Florida Constitution are listed at

www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=VI

The Orange County Ninth District Court rules are listed at

www.ninthcircuit.org/research/rules-