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Articles 91 - 98 of 98

Full-Text Articles in Law

Abstracts Of Recent Cases, Charles Henry Rudolph Jr. Jun 1962

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, James Kilgore Edmundson Jr. Dec 1961

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.


The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon Apr 1960

The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon

Michigan Law Review

The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …


Abstracts Of Recent Cases, G. H. A. Apr 1959

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, T. E. P. Dec 1957

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.


Procedure And Evidence, Edmund M. Morgan Aug 1953

Procedure And Evidence, Edmund M. Morgan

Vanderbilt Law Review

Demurrer: The Tennessee cases reiterate the orthodox proposition that a demurrer admits the facts alleged or averred in the pleading to which it is interposed.' It is perhaps unnecessary to note that this proposition is true only when the problem concerns the sufficiency of the allegations or averments in the pleading. In truth, the demurrer is merely a default as to the facts and a tender of issue on the law. If the demurrer is overruled and the action is for unliquidated damages, the plaintiff's averment as to the amount of the damages is not taken as true; he must …


The Scope Of Summary Judgment Under The Federal Rules, Henry N. Williams Apr 1952

The Scope Of Summary Judgment Under The Federal Rules, Henry N. Williams

Vanderbilt Law Review

The Federal Rules of Civil Procedure provide that, under appropriate circumstances, either the plaintiff or the defendant may seek and obtain a summary judgment.' The detailed requirements of Rule 56 have been discussed elsewhere, and they will not be discussed herein other than as they aid in delineating the area covered by summary judgments. In determining the scope of Rule 56, the purpose of the rules as a whole must be considered as well as the effect of the discovery procedures of the rules. In addition the summary judgment rule must be explicitly distinguished from a motion for judgment on …


Federal Appellate Procedure--Certiorari--Consideration Of Constitutional Objections Not Preserved On The Record, W. E. C. Dec 1949

Federal Appellate Procedure--Certiorari--Consideration Of Constitutional Objections Not Preserved On The Record, W. E. C.

West Virginia Law Review

No abstract provided.