Civil Discovery Under United States Federal Law

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Table of Contents

Introduction
Advantages of civil discovery
Disadvantages of civil discovery

Introduction

The United States of America justice system has the responsibility of enacting legislations and law to facilitate the delivery of timely justice to its citizens. Civil litigation is a federal government civil dispute registration method that involves solving/seeking solution to issue through the court system but giving representing lawyers a chance to defend their clients. In the United States, civil litigation takes place in normal courts however it is strictly guided by formal and exhaustive rules of civil procedures; one rule that has been adopted in the system is civil discovery in the procedure and process of civil cases administration.

Advantages of civil discovery

Under the new system, a compliant is given the chance to offer such information or supporting documents from any sources. With the allowed mechanism, someone can be able to prove his case beyond doubtful doubts as is required by law. On the other hand, there is emphasis on offering justice as it is and the court when making decisions has all materials required for the case. Civil litigation system offers disputing parties a chance to seek solutions to their disputes in court without necessary following the traditional court system. With such an allowance, they are able to get solution faster than the case would have been in normal courts. Although the litigation process takes place in normal courts, it has to follow certain procedures to enforce discipline and satisfaction of the parties. In the event the parties agree before the process is over, they are at free to stop the process at no cost on their side. Another advantage with the court system is on setting precedence, when a case has been determined; it improves the court rules and legislations. The richer the country is in its rules and legislations, the better the judicial system administered in the economy.

Disadvantages of civil discovery

Although the method is simple, straight forward, and easy to administer, the government has not taken the initiative to have other court rooms to increase the capacity of the existing ones. With this, the court system has become congested and delayed, justice has started to trickle in the system. The precedents set by the system have been challenged, not to be binding as ruling is made on case basis; with the challenge of precedent, it becomes difficult for the court system to depend on the system for improvement and development of court laws. Although the cases handled by civil litigation are civil in nature, they include environmental laws, employment laws, and domestic matters; the line between civil and criminal laws is thin to define. The volume of matters that can fall under civil litigation are increasing, coupled with lack of clear definition, the court system becomes challenging to administer.

Parties in dispute may have different definition of civil and criminal cases thus creating confusion and conflicts when determining the court systems to adopt. The difference and ambiguity in law delays justice and erode confidence in the United States justice system.

The duration and time taken to gather information to support a case is much to the point that it can be distorted or the time taken before delivery of justice lengthen. Although the main consideration of the legislation is to ensure what prevails in the community, it leads to delayed justice in the end.

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Civil Discovery Under United States Federal Law

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