Rule 1: Scope of Rules: To administer just, speedy, and inexpensive determination of every action.Rule 3: Commencement: A civil action is commenced when a complaint is filed.-Begins the time for things to be done, such as answer and amemdmentRule 6: Time(a): The day of the act will not be included in the time computation. The last dayof the period is included, unless it is a Saturday or Sunday, or legal holiday.When the period allowed is less than eleven days, sat, sun and legal holidays areexcluded from the computation.I.
Power and Limits to the Court’s power
A. Relevant Sources of Law:1. Rule 65(d): Intended to embody, rather than limit the court’s common law powers. It cannot be read to restrict the inherent power of a court to protect its ability to render a binding judgment.B.
U.S. v. Hall:
This case interprets 65(d):1. A court has the power to punish with criminal contempt a person who is not a party to the action, but who has notice and then violates the court’s order grantinginjunctive relief.2. This case is an example of how the law limits courts’ power. Certain elementsmust be satisfied such as Hall actually having notice of the injunction before thecourt has the power to hold a person in contempt. Analysis must begrounded in law, the judge cannot just do what he thinks is right.II.
Elements and History of Due Process