DOCSLIB.ORG

Civil Law & Motion Practice

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Civil Law & Motion Practice CIVIL LAW & MOTION PRACTICE Orange County Bar Association Bridging the Gap February 8, 2014 Presenters: Honorable Franz E. Miller Honorable Nathan R. Scott David J. Hesseltine, Esq. PROGRAM OUTLINE I. Judicial Perspective A. What Law Is and How It Works. B. The Role of Motions in a Case. II. Things to Consider Before Drafting Any Motion A. Have a clear goal/purpose in mind. 1. How does this motion advance my client’s case? 2. Cost/Benefit Analysis – what is the likely cost to my client and what can I expect to gain through the motion? 3. Can the court grant me the relief I seek? B. Review practice guides, rules of court, and statutes regarding particular motion and motions in general. 1. Practice Guides: The Rutter Group publishes a number of helpful practice guides covering a wide variety of topics, including alternative dispute resolution, civil trials and evidence, writs and appeals, enforcing judgments and debts, insurance litigation, employment litigation, professional responsibility, personal injury litigation, etc. Weil & Brown, California Practice Guide: Civil Procedure Before Trial is particularly helpful for law and motion practice. 2. California Rules of Court (the following are just a few examples): a. Rules 2.100 to 2.119 address the basic form of all papers filed with the court. b. Rules 3.1100 to 3.1372 deal with law and motion, including general formatting rules and specific rules applicable to a wide variety of motions. For example, rules 3.1350 to 3.1354 address summary judgment and summary adjudication motions. c. Rules 3.1700 to 3.1702 address claims for prejudgment costs and attorney fees. 1 3. Statutes: a. Virtually every motion you bring will be authorized by a particular statute that can also establish procedures for that motion. For example, Code of Civil Procedure sections 425.16 to 425.18 address anti-SLAPP motions, Code of Civil Procedure sections 430.10 to 430.80 address demurrers, and Code of Civil Procedure section 437c addresses summary judgment and summary adjudication motions. b. There also are numerous statutes dealing with motions more generally. For example, Code of Civil Procedure sections 1005 and 1010 address notices of motion. C. Consider your audience. 1. You must convince the court the relief you seek is appropriate. You are not necessarily entitled to the requested relief merely because your motion is unopposed or your opponent agrees. 2. Will the court be receptive to your request for relief or should you have made further efforts to resolve the issue with opposing counsel? 3. Research attorneys and how they help judges decide motions. D. What can I do to make my motion as user friendly as possible? 1. In preparing any motion, you should always ask yourself that question. The more time the judge or research attorney spend trying to find part of your motion or a particular exhibit, or simply trying to figure out what you are saying, the less time they have to analyze the merits of your motion. 2. Use exhibit tabs, not colored paper to separate each exhibit. (Cal. Rules of Court, rule 3.1110(f).) 3. Break large documents into volumes. For example, make your notice of motion and memorandum of points and authorities one volume, your declaration(s) a separate volume or volumes, your exhibits a separate volume or volumes, etc. One large stack bound together is very difficult and frustrating to work with. 4. In breaking papers into volumes, be certain to clearly label the volumes that go together as part of the motion. For example, in the caption, identify each document submitted as part of the motion or, if you have multiple volumes of exhibits or evidence, number them. 2 5. Cut and paste pictures, tables, or charts into your motion if they are helpful. Do not use technology for the sake of using technology, but do not be afraid to use it if it makes your papers easier to understand. Sometimes a picture (or even a chart or graph) can be worth a thousand words. Make certain you support any facts with admissible evidence. III. Notice of Motion A. Tells the court and the parties who is seeking what against whom, when, where, and on what basis. B. Obtaining a hearing date. 1. Most civil departments hear law and motion one day per week and your hearing must be set for that day unless the court specially sets a hearing date and time for your motion. Consult the court website or department information sheet for law and motion day and time in your assigned department. 2. Most departments do not require a reservation, but a few do. Again, consult the court website or department information sheet. 3. Many departments limit the number of motions heard on any given law and motion calendar so you must plan ahead. Contact the department well in advance to determine when motions are currently being set. The delay can be several weeks past the minimum amount of time required by statute. 4. If the date on your notice of motion is unavailable, the clerk’s office will often cross out your designated hearing date and write in the next available date. If this happens, promptly file and serve a notice of continuance for the new date and explain the date you sought was unavailable. 5. Note that some statutes limit when a motion may be brought. For example, Code of Civil Procedure section 437c, subdivision (a), provides a summary judgment or summary adjudication motion cannot be filed and served until 60 days after the general appearance of the party against whom the motion is brought and the hearing on the motion must be conducted at least 30 days before the date of trial. The trial court can shorten both of these time periods for good cause shown. C. Amount of notice. 1. Most motions must be filed and served at least 16 court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) There are exceptions, however. For example, a summary judgment or summary adjudication motion must be filed and served at least 75 calendar days before the hearing date (Code Civ. Proc., § 437c, subd. (a)) and a discretionary motion to dismiss for failure to 3 prosecute must be filed and served at least 45 calendar days before the hearing (Cal. Rules of Court, rule 3.1342(a)). 2. The method of service on the other parties can extend the amount of notice you must provide. a. Personal Service: No extension of notice period. b. Service by Mail: Notice period increased by 5 calendar days if mailed to and from address within California, 10 calendar days if mailed to or from an address outside California but within the U.S., and 20 calendar days if mailed to or from an address outside the U.S. (Code Civ. Proc., §§ 1005, subd. (b), 437c, subd. (a).) c. Service by Fax or Overnight Delivery: Notice period increased by 2 calendar days for most motions (Code Civ. Proc., §§ 1005, subd. (b)), but 2 court days for summary judgment and summary adjudication motions (Code Civ. Proc., § 437c, subd. (a)). 1. Service by fax may be made only on parties who have agreed to accept service by fax and where a written confirmation of that agreement is made. (Code Civ. Proc., § 1013, subd. (e), Cal. Rules of Court, rule 2.306(a)(1).) d. Electronic Service: Notice period increased by 2 court days. (Code Civ. Proc., § 1010.6, subd. (a)(4); Cal. Rules of Court, rule 2.251(h)(2).) 1. Electronic service allowed when (a) the recipient has agreed to accept service electronically or (b) local rules authorize electronic service in certain types of cases. (Code Civ. Proc., § 1010.6; Cal. Rules of Court, rules 2.250-2.261.) Review statutes and rules for specifics on when electronic service allowed and how it must be performed. e. Code of Civil Procedure section 1013, which generally provides for extension of notice periods for service by mail, fax, or overnight delivery, does not apply to motions. (Code Civ. Proc., § 1005, subd. (b).) f. Computation of Time: For purposes of law and motion, Code of Civil Procedure section 12c provides that the last date to serve a motion is determined by counting backwards from the hearing date, excluding the date of the hearing. From that date, you then count backwards again for any days that must be added due to the service method. You must be mindful of the difference between court days and calendar days. 4 1. The Legislature adopted this statute in 2010 to resolve an ambiguity regarding whether you count forward from the service date or backwards from the hearing date. The result could change depending on which direction you count. 2. See also Code of Civil Procedure section 12 describing the computation of time more generally. Due to section 12c, it no longer applies to law and motion matters that specify serving or filing a document a specific number of days before a hearing. g. Opposition and Reply Papers: Code of Civil Procedure section 1005, subdivision (b) requires all opposition papers to be filed and served at least 9 court days before the hearing and all reply papers to be filed and served at least 5 court days before the hearing. Code of Civil Procedure section 1005, subdivision (c), states that all opposition and reply papers shall be served by personal delivery, fax, overnight delivery, or other method reasonably calculated to ensure delivery not later than the close of the next business day. This means opposition and reply papers should not be served by mail.
Load more

Recommended publications
  • Corporate Governance
    CCCorporateCorporate Governance Carsten Burhop Universität zu KKölnölnölnöln Marc Deloof University of Antwerp 1. General introduction Since the late 1990s, a series of papers published in leading economics and finance journals contain evidence for a significant impact of institutions on financial and economic development (e.g., Acemoglu et al., 2001, 2005; La Porta, Lopez-de-Silanes, Shleifer, and Vishny – LLSV henceforth – 1997, 1998, 2000; La Porta, Lopez-de-Silanes, Shleifer – LLS henceforth – 1999, 2008). According to this literature, high-quality institutions cause financial development. In turn, financial development is a driving force behind economic growth. The historical legacy seems to play an important role in the relationship between the financial development of countries, their current institutions and their past institutions. Indeed, prominent contributions demonstrate a strong positive correlation between legal origins (common law is considered to be better than civil law) and three further elements: first, current indices of the rule of law (Acemoglu et al., 2001; Beck et al., 2003); second, financial development (LLSV 1997, 1998; Beck et al, 2003); and third, the dispersion of share ownership and the separation of ownership and control (LLS 1999). In general, shareholders are supposed to have the strongest protection in common-law countries, followed by German-style civil- law countries. Shareholder protection is the weakest in French style civil law countries. In contrast, secured creditors are supposed to be best protected in the German legal system. Consequently, common-law countries have relatively high numbers of listed firms and of initial public offerings and a relatively high ratio of stock market capitalisation to GDP.
    [Show full text]
  • The Law, Corporate Finance, and Management
    The Law, Corporate Finance, and Management v. 1.0 This is the book The Law, Corporate Finance, and Management (v. 1.0). This book is licensed under a Creative Commons by-nc-sa 3.0 (http://creativecommons.org/licenses/by-nc-sa/ 3.0/) license. See the license for more details, but that basically means you can share this book as long as you credit the author (but see below), don't make money from it, and do make it available to everyone else under the same terms. This book was accessible as of December 29, 2012, and it was downloaded then by Andy Schmitz (http://lardbucket.org) in an effort to preserve the availability of this book. Normally, the author and publisher would be credited here. However, the publisher has asked for the customary Creative Commons attribution to the original publisher, authors, title, and book URI to be removed. Additionally, per the publisher's request, their name has been removed in some passages. More information is available on this project's attribution page (http://2012books.lardbucket.org/attribution.html?utm_source=header). For more information on the source of this book, or why it is available for free, please see the project's home page (http://2012books.lardbucket.org/). You can browse or download additional books there. ii Table of Contents About the Authors................................................................................................................. 1 Acknowledgments................................................................................................................. 5
    [Show full text]
  • What Is Corporate Law?
    ISSN 1936-5349 (print) ISSN 1936-5357 (online) HARVARD JOHN M. OLIN CENTER FOR LAW, ECONOMICS, AND BUSINESS THE ESSENTIAL ELEMENTS OF CORPORATE LAW: WHAT IS CORPORATE LAW? John Armour, Henry Hansmann, Reinier Kraakman Discussion Paper No. 643 7/2009 Harvard Law School Cambridge, MA 02138 This paper can be downloaded without charge from: The Harvard John M. Olin Discussion Paper Series: http://www.law.harvard.edu/programs/olin_center/ The Social Science Research Network Electronic Paper Collection: http://papers.ssrn.com/abstract_id=####### This paper is also a discussion paper of the John M. Olin Center’s Program on Corporate Governance. The Essential Elements of Corporate Law What is Corporate Law? John Armour University of Oxford - Faculty of Law; Oxford-Man Institute of Quantitative Finance; European Corporate Governance Institute (ECGI) Henry Hansmann Yale Law School; European Corporate Governance Institute (ECGI) Reinier Kraakman Harvard Law School; John M. Olin Center for Law; European Corporate Governance Institute Abstract: This article is the first chapter of the second edition of The Anatomy of Corporate Law: A Comparative and Functional Approach, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of corporate (or company) law in Europe, the U.S., and Japan. Its organization reflects the structure of corporate law across all jurisdictions, while individual chapters explore the diversity of jurisdictional approaches to the common problems of corporate law. In its second edition, the book has been significantly revised and expanded.
    [Show full text]
  • THE DUAL SYSTEM of CIVIL and COMMERCIAL LAW We Are in the Habit Rf Contenting Ourselves with a Division of Law Into Two Categories, the Civil and the Criminal
    THE DUAL SYSTEM OF CIVIL AND COMMERCIAL LAW We are in the habit rf contenting ourselves with a division of law into two categories, the civil and the criminal. The civil we again livide into law and equity, and these further into a number of more or less inter-related subjects. When we commence the study of the laws of Christian nations other than Great Britain, the Scandinavian'countries, Switzerland and ourselves, we find that a large part of the law which we call civil' and a small part of the criminal have separated themselves off or grown up independently and form a distinct body known as commercial law. In the whole field of law, where are we to place commercial law? The separation of law into crimes, contracts, associations, negotiable instruments, torts, trusts, etc., cramps a larger and more scientific division. The student who looks into foreign treatises or has studied at a Continental law school is impressed with the fact that such a minute subdivision as we are accustomed to make is there regarded as of little importance. He finds law divided into natural and positive. Natural law is the eternal principles of justice and equity, based upon human nature and knowing no political boundaries. Positive law is national law, based on the principles of natural law and approximating them as closely as circumstances and history permit. Positive law is divided into ecclesiastical and civil law; the civil, into public and private. Public law is divided into international and national law, the latter of which includes political, administrative, penal and procedural law.
    [Show full text]
  • Fraud Litigation in Pennsylvania
    FRAUD LITIGATION IN PENNSYLVANIA Doc. #531047v.1 - 11/21/2001 1:08 am FRAUD LITIGATION IN PENNSYLVANIA By: Louis C. Long Robert W. Cameron Meyer, Darragh, Buckler, Bebenek & Eck 2000 Frick Building Pittsburgh, Pennsylvania William B. Mallin Patrick R. Kingsley Eckert Seamans Cherin & Mellott 600 Grand Street, 42nd Floor Pittsburgh, Pennsylvania 10K11018 Doc. #531047v.1 - 11/21/2001 1:08 am FRAUD LITIGATION IN PENNSYLVANIA Copyright 1993 National Business Institute, Inc. P.O. Box 3067 Eau Claire, WI 54702 All rights reserved. These materials may not be reproduced without permission of National Business Institute, Inc. Additional copies may be ordered by writing National Business Institute, Inc. at the above address. This publication is designed to provide general information prepared by professionals in regards to subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. Although prepared by professionals, this publication should not be utilized as a substitute for professional service in specific situations. If legal advice or other expert assistance is required, the services of a professional should be sought. Doc. #531047v.1 - 11/21/2001 1:08 am FRAUD LITIGATION IN PENNSYLVANIA TABLE OF CONTENTS I. INITIAL CONSIDERATIONS ....................................................................................... 1 II. PLEADINGS AND MOTION PRACTICE.................................................................... 3 A. SPECIFICITY REQUIREMENTS....................................................................................
    [Show full text]
  • Methodological Basis of Legal Personality of the State (Civil Aspects) Anatoliy Kostruba
    Methodological Basis of Legal Personality of the State (Civil Aspects) Anatoliy Kostruba To cite this version: Anatoliy Kostruba. Methodological Basis of Legal Personality of the State (Civil Aspects). Journal of Legal, Ethical and Regulatory Issues, 2017, 20 (1), pp.1-11. 10.5281/zenodo.3701577. hal-02503145 HAL Id: hal-02503145 https://hal.archives-ouvertes.fr/hal-02503145 Submitted on 9 Mar 2020 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Journal of Legal, Ethical and Regulatory Issues Volume 20, Special Issue 1, 2017 METHODOLOGICAL BASIS OF LEGAL PERSONALITY OF THE STATE (CIVIL ASPECTS) Anatoliy V Kostruba, Vasyl Stefanyk Precarpathian National University ABSTRACT Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of society. The state is a means of social compromise of members of civil society. It appears not only as a form of provision of such social compromise, but also as an active and equal member of the relevant legal relations.
    [Show full text]
  • Methodological Basis of Legal Personality of the State (Civil Aspects)
    Journal of Legal, Ethical and Regulatory Issues Volume 20, Special Issue 1, 2017 METHODOLOGICAL BASIS OF LEGAL PERSONALITY OF THE STATE (CIVIL ASPECTS) Anatoliy V Kostruba, Vasyl Stefanyk Precarpathian National University ABSTRACT Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of society. The state is a means of social compromise of members of civil society. It appears not only as a form of provision of such social compromise, but also as an active and equal member of the relevant legal relations. The ability of the state to be an active participant in social communications configures its natural right that can and should be implemented. As a result, the subject gets legal opportunities for its activities and transformed into a legal person the nature of which is revealed through the signs of interest, will of the subject and its individual separation. Since the state is a union of interests of persons united in the unified social organism for their support, the fact that the legal entity as a legal person synthesizes in itself not only characteristics peculiar to the corporation, but also characteristics peculiar to the state as a legal person is justified. Implementation of the civil capacity of the state is revealed through the institution of representation. The justification of universal character of legal capacity of the state is given.
    [Show full text]
  • The Law of Civil Responsibility DRAFT
    Introduction to the Laws of Kurdistan, Iraq Working Paper Series The Law of Civil Responsibility DRAFT Iraq Legal Education Initiative (ILEI) American University of Iraq, Sulaimani Stanford Law School Kirkuk Main Road Crown Quadrangle Raparin 559 Nathan Abbott Way Sulaimani, Iraq Stanford, CA 94305-8610 www.auis.ed.iq www.law.stanford.edu CIVIL RESPONSIBILITY 1. INTRODUCTORY CONCEPTS Picture a busy neighborhood full of restaurants and shops on a Saturday night. Hundreds of people walk along the sidewalks, and many cars fill the streets. Ibrahim is driving one of these cars home from work. Ibrahim is a safe driver. He is not driving fast or talking on his mobile phone, and he is watching for other cars and people. But as Ibrahim continues driving down the street, he has a heart attack. His car swerves off of the street and onto the sidewalk. As the people on the sidewalk jump out of the way, Ibrahim’s car continues moving until it crashes into a popular café. Ibrahim’s car is badly damaged and so is the café. The car has destroyed several tables and left a large hole in the front wall. The café owner thinks the repairs will require the café to close for several weeks. A few people in the café also have injuries from diving out of the way of the car. Who should pay to repair the café and to send its customers to the hospital? The law of civil responsibility, found in the Iraqi Civil Code, governs obligations among parties that result from their actions.
    [Show full text]
  • The Formation of Contracts & the Principles of European Contract
    Pace International Law Review Volume 13 Issue 2 Fall 2001 Article 5 September 2001 The Formation of Contracts & the Principles of European Contract Law Maria del Pilar Perales Viscasillas Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Maria del Pilar Perales Viscasillas, The Formation of Contracts & the Principles of European Contract Law, 13 Pace Int'l L. Rev. 371 (2001) Available at: https://digitalcommons.pace.edu/pilr/vol13/iss2/5 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. THE FORMATION OF CONTRACTS & THE PRINCIPLES OF EUROPEAN CONTRACT LAW Maria del Pilar Perales Viscasillas* I. Introduction ....................................... 371 II. Freedom of Form: No Consideration or Cause ..... 373 III. Construction of the Contract: The Parol Evidence Rule and Merger Clauses .......................... 374 IV. Formation of the Contract: Exchanging an Offer for its Acceptance? ....... ... 376 V. The Offer: Essential Elements ..................... 377 VI. The Offer: Withdrawal, Revocation, and Expiration ......................................... 381 VII. Irrevocability of the Offer ......................... 383 VIII. Acceptance ........................................ 386 IX. Counteroffer ....................................... 388 X. Battle of the Forms ................................ 389 XI. Written Confirmation ............................. 391 XII. Conclusion of the Contract: Time and Place ....... 394 I. INTRODUCTION The Principles of European Contract Law (PECL)' dedi- cates Chapter 2 to the formation of the contract; that is, to regu- late the process of the formation of the contract mainly through the exchange of two declarations of will: the offer and the ac- ceptance.
    [Show full text]
  • English Law, Roman Law, and Handwritten Wills
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1994 The Transmission of Legal Institutions: English Law, Roman Law, and Handwritten Wills Richard H. Helmholz Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard. H. Helmholz, "The Transmission of Legal Institutions: English Law, Roman Law, and Handwritten Wills," 20 Syracuse Journal of International Law and Commerce 147 (1994). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. THE TRANSMISSION OF LEGAL INSTITUTIONS: ENGLISH LAW, ROMAN LAW, AND HANDWRITTEN WILLS R.H. Helmholz* Dean Michael Hoeflich, organizer of this Conference and founder of the Roman Law Society of America, has been a leader in tracing the tangled, continuing, and important relationship between Roman law and Anglo-American law. Through a series of articles, he has lifted the cur- tain on more than one of the facets of this subject, always showing his readers something of value about the inner nature of that relationship.' This article attempts to follow his lead by looking at one particular as- pect of the law of testamentary succession, the validity of unattested, handwritten wills. In one sense this is a very small topic, perhaps wor- thy of only a footnote or two in treatises on the law of wills. However, the subject does provide an excellent example of the much larger phe- nomenon of the transmission of institutions from one legal system to another.
    [Show full text]
  • How Should the Old Testament Civil Laws Apply Today
    Liberty University Law Review Volume 2 Issue 3 Article 12 March 2008 How Should the Old Testament Civil Laws Apply Today Joe M. Sprinkle Follow this and additional works at: https://digitalcommons.liberty.edu/lu_law_review Recommended Citation Sprinkle, Joe M. (2008) "How Should the Old Testament Civil Laws Apply Today," Liberty University Law Review: Vol. 2 : Iss. 3 , Article 12. Available at: https://digitalcommons.liberty.edu/lu_law_review/vol2/iss3/12 This Article is brought to you for free and open access by the Liberty University School of Law at Scholars Crossing. It has been accepted for inclusion in Liberty University Law Review by an authorized editor of Scholars Crossing. For more information, please contact [email protected]. HOW SHOULD THE OLD TESTAMENT CIVIL LAWS APPLY TODAY? Joe M Sprinklet I. INTRODUCTION What is the role of the Mosaic civil laws today under the new covenant? There have been a number of Christian approaches to this question: the Reformed approach, dispensational approaches, the approach of theonomy (Christian Reconstructionism), and finally the principalizing approach. Each will be discussed in turn. II. THE APPROACH OF REFORMED THEOLOGY TO THE LAW The first approach to the law, an approach that remains influential, is that of Reformed theology. A. The Approach of Reformed Theology to the Law Defined Reformed theology's approach to the law is spelled out in the Westminster Confession of Faith (A.D. 1646) in Chapter XIX "Of the Law of God."' This approach begins by dividing the laws into three categories: moral, ceremonial, and civil. The moral law refers to the broad moral principles of the law, especially as expressed in the Decalogue (Ten Commandments).
    [Show full text]
  • RICO Civil Fraud Action in Context: Reflections on Bennett .V Berg G
    Notre Dame Law School NDLScholarship Journal Articles Publications 1982 RICO Civil Fraud Action in Context: Reflections on Bennett .v Berg G. Robert Blakey Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Civil Law Commons, and the Criminal Law Commons Recommended Citation G. R. Blakey, RICO Civil Fraud Action in Context: Reflections on Bennett .v Berg, 58 Notre Dame L. Rev. 237 (1982-1983). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/170 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. The RICO Civil Fraud Action in Context: Reflections on Bennett v. Berg G. Robert Blakev* I. Introduction /Tjhe ofle of all theJudges is always to make such. construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasionsfor continuationof the mischief,.. and to addforce andlife to the cure and remedy, according to the true intent of the makers of the Act pro bono publico. Hdon's Case, 76 Eng. Rep. 637, 638 (Ex. 1584). In Bennett v. Berg,' the United States Court of Appeals for the Eighth Circuit, as a matter of "first impression in the Circuit Courts of Appeals," 2 faced and resolved a number of significant issues in the construction of Title IX, the Racketeer Influenced and Corrupt Or- ganizations (hereinafter "RICO") provisions of the Organized Crime Control Act of 1970.
    [Show full text]