COMPARE AND CONTRAST THE CITY - Research Paper Example

Download file to see previous pages... The topic also finds its basis from two major cities, which are Nob Hill and the Tinderloin. Federalism in San Francisco is successful because of the way they handle some of the arising issues that may either affect the cities negatively or positively. The kind of judgments given out by various governing bodies is also done wisely and in accordance with the law. As any judge or practitioner will tell one, we find that summary judgment is an important method or way of disposition of cases. The summary judgment motions are fixtures that are commonly found in the process of any present civil action. Just like the Federal Rules of Civil Procedure, the San Francisco Rules of Civil Procedure, establish a motion’s details for summary judgment in the Rule 56. Their Supreme Court recently introduced some new language into the Rules of Civil Procedure’s Rule 56. The New Rule 56 follows the language of the Middle District of San Francisco local federal rule. The Commission has a strong belief that it will not only help is the Court in tackling the critical sections of the record, but will force lawyers to confirm whether there is a legitimate or real issue as to any material fact. This addition is the end of the ability of both the San Francisco practitioner of pleading that there is no legitimate or real issue of the material fact in the case and therefore the moving party is unrestricted to a judgment as a matter of law. Another similarity that can be seen between the federal summary judgment rule (FRCP 56) and the Tennessee summary judgment rule (Tenn. R. Civ. P. 56) is that both rules state that each and every fact cited by a party not to be or is legitimately disputed should be supported by a specific citation on the record; that is the party must cite to specific sections of materials in the record, which include information that is electronically stores, documents, depositions, stipulations, which include those that are specifically prepared for the motion, responses to interrogations, admissions, or even some other materials. The Federal Rules of Civil Procedure’s Rule 65 provides for the summary judgment if actually the depositions, pleadings, admissions and responses to interrogations on file, as well as the proclamations, if any, indicate that there is no legitimate or real issue as to any material fact and that the moving party is unrestricted to a judgment as a matter of law. The Rule 56 (c) is made pertinent to this adversary proceeding by the Rule 7006 of the Bankruptcy Procedure’s Federal Rules. On the other hand, the term ‘Summary Judgment’ was initially only known in the American procedure in relation with the Ten (Chase, 56). Code Ann. § 25-3-101 et seq. provisions, focusing on the summary remedies against particular public officers and with actions by depositions. The Rule 56 does not in any way abolish or rescind these statutes’ provisions. Regarding the time of filing a motion for summary judgment, in San Francisco Rules of Civil Procedure, a party may do so at any time until thirty days after all discovery’s close, unless the court orders otherwise or even the local rule sets a different time. On the other hand, in the Rule 56.04 of the Tennessee Rules of Civil Pr ...Download file to see next pagesRead More