[20200522]IF11557_国会、司法机构、民事和刑事诉讼程序.pdf

https:/crsreports.congress.gov May 22, 2020Congress, the Judiciary, and Civil and Criminal ProcedureTwo sets of authorities govern proceedings in federal court: substantive laws create certain legal rights or impose duties, while procedural laws control the way courts enforce those substantive rights or duties. While many are aware of Congresss role in enacting and the courts role in interpreting substantive laws, casual observers may be less conscious of the procedural rules that apply in federal litigation. Nonetheless, the various procedures governing federal civil and criminal cases are important. Indeed, in some instances, a claim may succeed or fail based on a partys compliance with the required procedures. Congress enjoys ample authority to establish and structure lower federal courts. And, as the Supreme Court has stated, “the constitutional provision for a federal court system (augmented by the Necessary and Proper Clause) carries with it congressional power to make rules governing the practice and pleading in those courts.” However, recognizing that the courts themselves possess significant expertise in crafting such rules, Congress passed the Rules Enabling Act, codifie