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Civil Procedure

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1970

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Articles 1 - 30 of 35

Full-Text Articles in Law

Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr. Nov 1970

Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr.

Michigan Law Review

A Review of Federal Practice and Procedure, Civil Procedure Vol. 4 & 5 by Charles Alan Wright and Arthur R. Miller


Order To Show Cause, United States District Court, Southern District Of New York Oct 1970

Order To Show Cause, United States District Court, Southern District Of New York

Post-Trial Proceedings

Order for Preliminary Injunction Regarding Plaintiff's Personal Hygiene and Dietary Needs


Functions Of Orality In Austrian And American Civil Procedure, Adolf Homburger Oct 1970

Functions Of Orality In Austrian And American Civil Procedure, Adolf Homburger

Buffalo Law Review

No abstract provided.


Vote Distribution In Non-Unanimous Jury Verdicts Sep 1970

Vote Distribution In Non-Unanimous Jury Verdicts

Washington and Lee Law Review

No abstract provided.


Pleading--Misjoiner Sep 1970

Pleading--Misjoiner

West Virginia Law Review

No abstract provided.


The Right To Resist An Unlawful Arrest Amended Apr 1970

The Right To Resist An Unlawful Arrest Amended

North Carolina Central Law Review

No abstract provided.


Post Trial Motions Under The New Indiana Rules, Edwin H. Greenebaum Apr 1970

Post Trial Motions Under The New Indiana Rules, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.


Pretrial Discovery And The Adversary System, By William A. Glaser, Floyd Abrams Apr 1970

Pretrial Discovery And The Adversary System, By William A. Glaser, Floyd Abrams

Indiana Law Journal

No abstract provided.


Hague V. C.I.O.: Mr. Justice Stone's Test Of Federal Jurisdiction—A Reappraisal, David D. Laufer Apr 1970

Hague V. C.I.O.: Mr. Justice Stone's Test Of Federal Jurisdiction—A Reappraisal, David D. Laufer

Buffalo Law Review

No abstract provided.


Civil Procedure—Contract, Not Tort, Statute Of Limitations Applicable In Action For Breach Of Implied Warranty For Particular Use., Miles Kavaller Apr 1970

Civil Procedure—Contract, Not Tort, Statute Of Limitations Applicable In Action For Breach Of Implied Warranty For Particular Use., Miles Kavaller

Buffalo Law Review

Mendel v. Pittsburgk Plate Glass Co., 25 N.Y. 2d 340, 253 N.E.2d 207, 305 N.Y.S.2d 490 (1969).


Pleading--Real Subrogee Is Not A Real Party In Interest, Michael C. Allen Apr 1970

Pleading--Real Subrogee Is Not A Real Party In Interest, Michael C. Allen

West Virginia Law Review

No abstract provided.


Attorney-Client Privilege—Contempt: The Dilemma Of Non-Disclosure Of Possibly Privileged Information.—Dike V. Dike, 75 Wash. Dec. 2d 1, 448 P.2d 490 (1968), Anon Mar 1970

Attorney-Client Privilege—Contempt: The Dilemma Of Non-Disclosure Of Possibly Privileged Information.—Dike V. Dike, 75 Wash. Dec. 2d 1, 448 P.2d 490 (1968), Anon

Washington Law Review

A recent Washington case examines the attorney's dilemma. In Dike v. Dike, the Washington Supreme Court reviewed a summary contempt conviction imposed upon an attorney for refusing to reveal the whereabouts of his client, the defendant in a pending divorce action. The client had removed her daughter from the temporary court-awarded custody of a third party, and would not return the child. Having failed to answer a motion to hold his client in contempt for violating the custody order, the attorney was directed to appear, and either produce the defendant or show cause why he could not produce her. The …


Motions For Summary Judgment: Their Use And Effect In Washington, Philip A. Trautman Mar 1970

Motions For Summary Judgment: Their Use And Effect In Washington, Philip A. Trautman

Washington Law Review

In general, summary judgment procedure may be used to determine what need exists for a trial, according to whether there is a genuine issue as to any material fact, and whether one of the parties is entitled to judgment as a matter of law. By enabling an early conclusion to litigation, summary judgments minimize expenditures of time and money by the parties, and serve the public interest by decreasing court congestion. Availability of the procedure may eliminate the necessity of the extensive preparations otherwise required for a trial. Even when judgment is not rendered on the whole case or for …


Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin Mar 1970

Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin

Washington Law Review

The Columbia University School of Law project on international procedure has already published three books on foreign civil procedure. Civil Procedure in France is a significant and most important addition to this series, for to my knowledge it constitutes the first comprehensive study of modern French civil procedure in the English language.


An Appeal From Judgment Entered Pursuant To Texas Rule Of Civil Procedure 174(B), Separate Trials, Is Interlocutory And There Is No Basis For Treating An Order For A Separate Trial As An Order Of Severance., James A. Smith Mar 1970

An Appeal From Judgment Entered Pursuant To Texas Rule Of Civil Procedure 174(B), Separate Trials, Is Interlocutory And There Is No Basis For Treating An Order For A Separate Trial As An Order Of Severance., James A. Smith

St. Mary's Law Journal

Abstract Forthcoming.


Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton Mar 1970

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …


Pleading--Default Judgement And New Trials Feb 1970

Pleading--Default Judgement And New Trials

West Virginia Law Review

No abstract provided.


Practice And Pleading (15th Annual Survey Of Virginia Law), W. Taylor Reveley Iii Jan 1970

Practice And Pleading (15th Annual Survey Of Virginia Law), W. Taylor Reveley Iii

Faculty Publications

After quickly outlining recent, legislation in the field of practice and pleading, this Article proceeds to a more detailed treatment of pertinent judicial developments. Several of the Supreme Court of Appeals' decisions merit close attention, principally Rakes v. Fulcher and Sullivan v. Little Hunting' Park, Inc. Recurrent in the discussion of the judicial opinions is concern not only with the announced law, but also with the manner of the announcement-concern, that is, with both the legal results and the legal craftsmanship. Organizationally, an attempt has been made to discuss the judicial material at the time of its "moment of truth" …


Special Appearance In California - The Need For Reform, John A. Gorfinkel Jan 1970

Special Appearance In California - The Need For Reform, John A. Gorfinkel

Publications

No abstract provided.


Long-Arm Jurisdiction In California Under New Section 410.10 Of The Code Of Civil Procedure, John A. Gorfinkel, Richard A. Lavine Jan 1970

Long-Arm Jurisdiction In California Under New Section 410.10 Of The Code Of Civil Procedure, John A. Gorfinkel, Richard A. Lavine

Publications

Subject only to the limitations prescribed by the Federal Constitution, a state legislature has the power to determine the extent to which courts of the state may exercise personal jurisdiction over absent defendants. The common law recognized only two bases of jurisdiction -presence within the state and actual consent. The additional bases approved in this century by the Supreme Court may be utilized by state courts only to the extent that state statutes permit. Hence, the states have enacted various types of long-arm statutes, all of which are designed to extend the in personam jurisdiction of state courts proportionately with …


The Shea Act, Robert J. Condlin Jan 1970

The Shea Act, Robert J. Condlin

Faculty Scholarship

No abstract provided.


Recent Decisions Jan 1970

Recent Decisions

University of Richmond Law Review

This is a summary of the case law that was decided in 1970.


Right To Court-Appointed Counsel For Misdemeanants In Virginia Jan 1970

Right To Court-Appointed Counsel For Misdemeanants In Virginia

University of Richmond Law Review

The Virginia Constitution makes no specific guarantee of the right to counsel for those charged with a crime as is provided in the federal Constitution, but the Supreme Court of Appeals has declared this to be a fundamental right within the Virginia Bill of Rights. Such right is intended to apply to all persons regardless of their financial status, so if a person charged with a felony proceeds in forma pauperis, it is the duty of the court to appoint counsel to defend him. The right to court-appointed counsel has been extended to persons being questioned concerning a felony, to …


Should A Cognovit Judgment Validly Entered In One State Be Recognized By A Sister State? - Atlas Credit Corp. V. Ezrine Jan 1970

Should A Cognovit Judgment Validly Entered In One State Be Recognized By A Sister State? - Atlas Credit Corp. V. Ezrine

Maryland Law Review

No abstract provided.


Negligence—Medical Malpractice—Statute Of Limitations Starts To Run When Patient Could Reasonably Discover Foreign Object, Jerome D. Schad Jan 1970

Negligence—Medical Malpractice—Statute Of Limitations Starts To Run When Patient Could Reasonably Discover Foreign Object, Jerome D. Schad

Buffalo Law Review

Flanagan v. Mt. Eden Gen. Hosp., 24 N.Y.2d 427, 248 N.E.2d 871, 301 N.Y.S.2d 23 (1969).


A Century Old Problem: Federal Or State Law As Determinative Of A Directed Verdict In A Federal Court, S.D. Roberts Moore Jan 1970

A Century Old Problem: Federal Or State Law As Determinative Of A Directed Verdict In A Federal Court, S.D. Roberts Moore

University of Richmond Law Review

The laws of the several states, except where the Constitution or Treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply." ' So states the commandment by the Congress of the United States which gov- erns the applicability of state law in all federal civil actions wherein jurisdiction is founded upon diversity of citizenship.


Books Received Jan 1970

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.


Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.


The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers Jan 1970

The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers

Publications

No abstract provided.


Recent Developments, Various Editors Jan 1970

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.