Question
This is a Task of Civil Procedure. Rule 15 has been a challenge to read and apply. As lawyers from civil law countries (for the
This is a Task of Civil Procedure.
Rule 15 has been a challenge to read and apply. As lawyers from civil law countries (for the most part), this assignment challenges you to take a fresh look at Rule 15(a) and (c)(1) as the standard for amending pleadings, critique the language, re-draft the language to make it simpler and clearer, and explain how that redraft does so. You are not to simply codify decisions! Rather, your aim here is to be a creative, experienced civil lawyer who is trying to help US lawyers by drafting a rule that is subject to common law interpretation clearer in its purpose, language, and function.
Your answer must include the following parts:
- A statement of the issues, challenges, or problems with the current version of the rule
- A rewrite of the rule that makes its application clear and straightforward
- Using one or more examples, explain how the new rule works. You may also include a statement of the purpose or justification for your rewrite. This is why you rewrote it this way. Perhaps, think of this as the message to others explaining not what was wrong with the prior version but rather why this new version works. Do not repeat what you wrote for a, above.
You must reference at least two secondary sources (the source could be a law review or bar journal article) that support your work. That is the article could support the problem, your rewrite, or your example of the better rule.
These three parts all interact with each other. Your example and purpose (c) should be the driving force behind your statement of the problem. Your rewrite (b) should not only eliminate the problem but also exemplify the purpose. And, finally, your rewrite (b) should be clear and precise enough that courts will not misinterpret it (or at least you have tried to minimize that happening given your choice of words and wording). Finally, while you do need to cite to at least two sources, this is not a research assignment. You can find someone else's critique, but I want to read your rewrite of the rule and your vision and reasoning.
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