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New Pleading in the Twenty-First CenturySlamming the Federal Courthouse Doors?$
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Scott Dodson

Print publication date: 2013

Print ISBN-13: 9780199832507

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199832507.001.0001

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New Pleading in a Comparative Context

New Pleading in a Comparative Context

(p.210) 6 New Pleading in a Comparative Context
New Pleading in the Twenty-First Century

Scott Dodson

Oxford University Press

This chapter compares the American justice system to those of other countries, and provides case examples thereof. The American legal system is unique in many respects, due to its more relaxed position in the courtroom. Americans also use notice pleading, as opposed to the fact pleading employed in most other countries. Presuit discovery is also more common in other countries. Overall, performing a comparative study on other countries' legal systems would be beneficial in moving forward. As no single justice system is perfect, making compromises, especially by implementing New Discovery, would be a step forward in promoting justice for all.

Keywords:   American justice system, other countries, fact pleading, notice pleading, presuit discovery, New Discovery

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