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- Civil Procedure (2)
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Articles 1 - 30 of 30
Full-Text Articles in Law
Abstracts Of Recent Cases, Aaron David Trub
Abstracts Of Recent Cases, Aaron David Trub
West Virginia Law Review
No abstract provided.
Vacation And Correction Of Judgments In Washington, Philip A. Trautman
Vacation And Correction Of Judgments In Washington, Philip A. Trautman
Washington Law Review
After a judgment has been entered by a superior court, counsel is sometimes confronted with the problem of what steps may be taken to remedy alleged errors or mistakes. The obvious alternative is that of appeal. There are, however, other possibilities which are perhaps less widely known which may equally well serve to attain the end sought. It is the purpose of this article to examine these other possibilities for obtaining vacation and correction of judgments. The inquiry will be directed to such questions as what grounds will suffice for obtaining relief, what procedures must be followed, and what are …
Civil Procedure - Disclosure Of Minutes When Grand Jury Was Used For Purpose Of Preparing For Civil Action, L. Vastine Stabler Jr.
Civil Procedure - Disclosure Of Minutes When Grand Jury Was Used For Purpose Of Preparing For Civil Action, L. Vastine Stabler Jr.
Michigan Law Review
Three weeks after the close of a grand jury investigation of charges of criminal antitrust violations, the Government filed a civil complaint against defendants based upon materials accumulated by the grand jury. Defendants obtained discovery of the grand jury transcript, but the United States Supreme Court overruled, holding that defendants, by merely showing that the Government had not requested an indictment, had not shown "good cause" for discovery under rule 34 of the Federal Rules of Civil Procedure. The Court did indicate that a use by the Government of the grand jury for the sole purpose of preparing for a …
Civil Procedure—Direct Estoppel Of Wrongful Death Action, Buffalo Law Review
Civil Procedure—Direct Estoppel Of Wrongful Death Action, Buffalo Law Review
Buffalo Law Review
Peare v. Griggs, 8 N.Y.2d 44, 201 N.Y.S.2d 326 (1960).
Civil Procedure—Who Is An Aggrieved Party Under Civil Practice Act Section 557, Buffalo Law Review
Civil Procedure—Who Is An Aggrieved Party Under Civil Practice Act Section 557, Buffalo Law Review
Buffalo Law Review
Baidach v. Togut, 7 N.Y.2d 128, 196 N.Y.S.2d 67 (1959).
Civil Procedure—Libel: Sufficiency Of Complaint, Buffalo Law Review
Civil Procedure—Libel: Sufficiency Of Complaint, Buffalo Law Review
Buffalo Law Review
Drug Research Corp. v. Curtis Publishing Company, 7 N.Y.2d 435, 199 N.Y.S.2d 33 (1960).
Civil Procedure—Summary Judgment Granted To Privileged Communications, Buffalo Law Review
Civil Procedure—Summary Judgment Granted To Privileged Communications, Buffalo Law Review
Buffalo Law Review
Shapiro v. Health Insurance Plan of Greater New York, 7 N.Y.2d 56, 194 N.Y.S.2d 509 (1959).
Civil Procedure—Necessary Elements To Libel Action, Buffalo Law Review
Civil Procedure—Necessary Elements To Libel Action, Buffalo Law Review
Buffalo Law Review
Clevenger v. Baker Voorhis and Co., 8 N.Y.2d 187, 203 N.Y.S.2d 812 (1960).
Civil Procedure—For Purposes Of Civil Practice Act Section 21 A Wrongful Death Action "Exists" At Time Of Accident, Buffalo Law Review
Civil Procedure—For Purposes Of Civil Practice Act Section 21 A Wrongful Death Action "Exists" At Time Of Accident, Buffalo Law Review
Buffalo Law Review
Gibson v. Meehan, 7 N.Y.2d 93, 195 N.Y.S.2d 649 (1959).
Civil Procedure—Collateral Estoppel Under Section 59 (Now 388) Of Vehicle And Traffic Law 73, Buffalo Law Review
Civil Procedure—Collateral Estoppel Under Section 59 (Now 388) Of Vehicle And Traffic Law 73, Buffalo Law Review
Buffalo Law Review
Hinchey v. Sellers, 7 N.Y.2d 287, 197 N.Y.S.2d 129 (1959).
Civil Procedure—Summary Judgment Requires Absence Of Triable Issue Of Fact, Buffalo Law Review
Civil Procedure—Summary Judgment Requires Absence Of Triable Issue Of Fact, Buffalo Law Review
Buffalo Law Review
Falk v. Goodman, 7 N.Y.2d 87, 195 N.Y.S.2d 645 (1959); Stone v. Goodson., 8 N.Y.2d 8, 200 N.Y.S.2d 627 (1960).
Civil Procedure—Attorney-Client Privilege And Necessity Of Subpoena Under Civil Practice Act Section 406, Buffalo Law Review
Civil Procedure—Attorney-Client Privilege And Necessity Of Subpoena Under Civil Practice Act Section 406, Buffalo Law Review
Buffalo Law Review
In re Kaplan, 8 N.Y.2d 214, 203 N.Y.S.2d 836 (1960).
Practice And Procedure, Raymond E. Brown
Practice And Procedure, Raymond E. Brown
Washington Law Review
Covers cases on summary judgment.
Trial--Unintended Courtroom Influence--When New Trial Warranted, O. A. J.
Trial--Unintended Courtroom Influence--When New Trial Warranted, O. A. J.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, M. J. F.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Michigan Law Review
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Michigan Law Review
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
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 …
Discretionary Jury Trial Under The Federal Rules
Discretionary Jury Trial Under The Federal Rules
Washington and Lee Law Review
No abstract provided.
Book Review Of Handbook Of The Virginia Rules Of Procedure In Actions At Law, Thomas D. Terry
Book Review Of Handbook Of The Virginia Rules Of Procedure In Actions At Law, Thomas D. Terry
William & Mary Law Review
No abstract provided.
Summary Judgment In Virginia, Thomas D. Terry
Summary Judgment In Virginia, Thomas D. Terry
William & Mary Law Review
No abstract provided.
Admissibility Of Illegally Obtained Evidence In A Civil Case
Admissibility Of Illegally Obtained Evidence In A Civil Case
Washington and Lee Law Review
No abstract provided.
Federal Civil Procedure - Judgments - Use Of Federal Rule 60(B)(6) To Adjust Forfeitures Downward, Cecil R. Mellin
Federal Civil Procedure - Judgments - Use Of Federal Rule 60(B)(6) To Adjust Forfeitures Downward, Cecil R. Mellin
Michigan Law Review
Defendant gained eight thousand dollars through thirty false cotton loan notes submitted to and paid by a government agency. The United States instituted a civil action under the False Claims Act, which provides that persons committing the prohibited acts shall pay to the United States a two-thousand-dollar forfeiture for each violation plus double the amount of damages sustained by the United States in the transactions. Judgment totalling sixty thousand dollars, or two thousand dollars on each of thirty false notes, was awarded the United States. On defendant's motion to vacate the judgment under federal rule 60 (b) (6) on the …
A Basic Introduction To The New West Virginia Rules Of Civil Procedure, Lee Silverstein
A Basic Introduction To The New West Virginia Rules Of Civil Procedure, Lee Silverstein
West Virginia Law Review
On October 20, 1959, the Supreme Court of Appeals of West Virginia entered an order which will bring about a comprehensive reform of civil procedure in the circuit courts' of the state and in inferior courts of record which have civil jurisdiction. Rule 1. (For convenience, most citations to the new Rules and Forms are carried in the body of the text in italics rather than in footnotes.) The order promulgates a new system of pleading and practice known as the West Virginia Rules of Civil Procedure for Trial Courts of Record. Rule 85. The effective date will be July …
Civil Procedure - Interstate Interpleader Compact, Louis Frey
Civil Procedure - Interstate Interpleader Compact, Louis Frey
Michigan Law Review
Five states have passed the Interstate Interpleader Compact, but Senate bills aimed at obtaining the necessary congressional consent have not been reported out of committee. The compact, designed to eliminate the problem of obtaining jurisdiction over an out-of-state claimant in a state interpleader action, would remedy situations in which the stakeholder may be subject to multiple vexation or possible double liability. The most important section of the compact provides: "Service of process sufficient to acquire personal jurisdiction may be made within a state party to this compact, by a person who institutes an interpleader proceeding or interpleader part of a …
Trial Procedure--The Special Verdict In Civil Cases, John T. Bondurant
Trial Procedure--The Special Verdict In Civil Cases, John T. Bondurant
Kentucky Law Journal
No abstract provided.
Discovery Of Medical Records, Margaret Mazza
Discovery Of Medical Records, Margaret Mazza
Cleveland State Law Review
Medical evidence is employed by plaintiffs chiefly to prove the causation and extent of personal injury damages, while defendants try to prove the slightness or lack of causal connection in such claims. Many types of medical reports are kept which may be used to substantiate the allegations of either party in personal injury actions. Of primary importance are the reports of physicians and hospitals, and reports upon the voluntary or compulsory examination of the plaintiff.
Liability Of Municipal Corporations Under The State's Statutory Waiver Of Tort Immunity - Schuster V. City Of New York, Kalman R. Hettleman
Liability Of Municipal Corporations Under The State's Statutory Waiver Of Tort Immunity - Schuster V. City Of New York, Kalman R. Hettleman
Maryland Law Review
No abstract provided.
Federal Procedure - Trial Practice - Right To Jury Trial On Common Question Of Law And Fact, Cecil R. Mellin
Federal Procedure - Trial Practice - Right To Jury Trial On Common Question Of Law And Fact, Cecil R. Mellin
Michigan Law Review
Fox West Coast Theatres instituted an action for declaratory judgment and injunctive relief against petitioner, Beacon Theatres, to determine the reasonableness of motion picture distribution clearance agreements to which it was a party and to enjoin petitioner, pending final decision, from instituting or threatening antitrust suits against Fox or its distributors. Petitioners filed a counterclaim for treble damages, alleging that Fox and its distributors were engaged in a conspiracy in violation of the antitrust laws. Petitioner demanded jury trial of the fact questions in the complaint and counterclaim, since both raised the issues of competition between the theatres and reasonableness …
Appellate Procedure--Kentucky Rules Of Civil Procedure--Dismissal Of Appeals For Failure To Comply With The Rules, William A. Logan
Appellate Procedure--Kentucky Rules Of Civil Procedure--Dismissal Of Appeals For Failure To Comply With The Rules, William A. Logan
Kentucky Law Journal
No abstract provided.