Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Civil Procedure (6)
- Civil procedure (5)
- Constitutional Law (4)
- Federal Rules of Civil Procedure (3)
- Venue (3)
-
- Atkins v. Schmutz Manufacturing Co (2)
- Change of venue (2)
- Class Actions (2)
- Criminal Procedure (2)
- Erie Railroad Co. v. Tompkins (2)
- Federal Courts (2)
- Guaranty Trust Co. v. York (2)
- Judgments (2)
- ACA (1)
- Age of Majority (1)
- Agriculture (1)
- Allen v. United States (1)
- Antitrust (1)
- Bankruptcy (1)
- Boddie v. Connecticut (1)
- Burnett v. New York Central Railroad Co (1)
- Byrd v. Blue Ridge Rural Electric Cooperative (1)
- Chambliss v. Coca-Cola Bottling Corp (1)
- Changes of venue (1)
- Choice of venue (1)
- City of Evansville v. Baumeyer (1)
- Civil Change of Venue Law (1)
- Civil Procedure; Civil Rights; Constitutional Law; Governments; Labor & Employment Law; Evidence (1)
- Civil Rights (1)
- Class action (1)
- Publication
- Publication Type
Articles 1 - 30 of 35
Full-Text Articles in Law
United States V. Kras, Lewis F. Powell Jr.
United States V. Kras, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr.
Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States Department Of Agriculture V. Moreno, Lewis F. Powell Jr.
United States Department Of Agriculture V. Moreno, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mcdonnell Douglas V. Green, Lewis F. Powell Jr.
Mcdonnell Douglas V. Green, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Linda R.S. V. Richard D., Lewis F. Powell Jr.
Linda R.S. V. Richard D., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Atchison, Topeka & Sante Fe Railroad Co. V. Wichita Board Of Trade, Lewis F. Powell Jr.
Atchison, Topeka & Sante Fe Railroad Co. V. Wichita Board Of Trade, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Georgia V. United States, Lewis F. Powell Jr.
Georgia V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Constitutionality Of Indiana's Civil Change Of Venue Law: Change For The Sake Of Change, James R. Pielemeier
The Constitutionality Of Indiana's Civil Change Of Venue Law: Change For The Sake Of Change, James R. Pielemeier
Indiana Law Journal
No abstract provided.
Fuentes V Shevin: The New York Creditor And Replevin, William H. Gardner
Fuentes V Shevin: The New York Creditor And Replevin, William H. Gardner
Buffalo Law Review
No abstract provided.
Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein
Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein
Buffalo Law Review
Neumeier v. Kuehner, 81 N.Y.2d 121, 286 N.E.2d 454, 335 N.Y.S.2d 64 (1972).
Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt
Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt
Buffalo Law Review
Landman v. Royster, 333 F. Supp. 621 (E.D. Va. 1971).
Treatment Of Debtors, O. John Rogge
The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost
The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost
West Virginia Law Review
Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.
Dismissal Of Class Actions; The Small Claim Plaintiff And The Doctrine Of Finality Under 28 U.S.C. § 1291
Washington and Lee Law Review
No abstract provided.
Civil Procedure-Summary Judgment In Negligence Case Base On Answers To Interrogatories
Civil Procedure-Summary Judgment In Negligence Case Base On Answers To Interrogatories
West Virginia Law Review
No abstract provided.
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Washington Law Review
This comment examines the application of section 1359 to assignments and transfers which affect federal diversity jurisdiction. Throughout the following discussion, the focus is directed toward the determination of more uniform standards for the interpretation of the statute. The purpose of section 1359, from which general guidelines may be drawn, is examined in part I. Part II includes a survey of cases which have dealt with assignments and transfers to invoke or defeat federal diversity jurisdiction. Certain factors the courts have relied on, and certain rules they have developed, in attempting to answer the questions posed above will be explained, …
Discovery In Washington, Philip A. Trautman
Discovery In Washington, Philip A. Trautman
Washington Law Review
The purpose of this article is to review the developments in Washington under the discovery rules and to point up particularly some of the more common problem areas. This is appropriate not only because of the passage of time and accumulation of experience under the rules, but also because of the recent adoption of new federal discovery rules on July 1, 1970. The new federal rules are intended to remedy defects and clarify ambiguities existing under the 1938 federal discovery rules, the ones now basically controlling in Washington. One may anticipate growing discussion and eventual promulgation of part or all …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Civil Procedure--Class Actions--Order Dismissing Class Action that Leaves Plaintiff To Litigate a Small Monetary Claim Is Not a Final Appealable Order Under 28 U.S.C. § 1291
Plaintiff consumer, claiming to represent one and one-half million purchasers of defendants" products, filed a class action under section 4 of the Clayton Act, seeking treble damages, costs, and attorney's fees from defendants for alleged antitrust violations. Defendants successfully moved for a stay of proceedings pending the district court's determination of whether the case could be maintained as a class action.The court found the class unmanageable and, in accordance with Rule 23(c)(1) of the …
Collateral Estoppel: Its Application And Misapplication
Collateral Estoppel: Its Application And Misapplication
Washington and Lee Law Review
No abstract provided.
Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia
Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia
University of Richmond Law Review
Virginia's "long arm" statute is designed to increase the jurisdictional power of this state so as to provide adequate redress in Virginia courts against persons who inflict injuries upon or incur obligations to those in whose welfare this state has a legitimate interest. Section 8-81.2 (a) (1) of the Virginia Code vests the courts of this state with personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from that person transacting any business in this state. Recently the Virginia Supreme Court has construed this section to provide Virginia's courts with …
Civil Procedure—In Wrongful Death Action Administratrix Not Collaterally Estopped By Prior Decision Against Absentee Owner, James W. Gresens
Civil Procedure—In Wrongful Death Action Administratrix Not Collaterally Estopped By Prior Decision Against Absentee Owner, James W. Gresens
Buffalo Law Review
Molino v. County of Putnam, 29 N.Y.2d 44, 272 N.E.2d 323, 323 N.Y.S.2d 817 (1971).
The Assimilative Crimes Act
University of Richmond Law Review
An understanding of the Assimilative Crimes Act is necessary for any attorney who may one day find himself defending a client who has allegedly committed a criminal offense in an area under federal jurisdiction. At first blush, the lawyer may think that his client is clearly guilty and plan his defense around the creation of a reasonable doubt in the court's or jury's mind. However, in some instances, steps may be taken prior to a defense on the merits which would raise serious doubts as to the legality of the prosecution, and even if a conviction is forthcoming, objections might …
Erie In Balance-Will Equity Tip The Scale?
Erie In Balance-Will Equity Tip The Scale?
University of Richmond Law Review
A significant consequence of a federal system of government is that its court system derives its law from both state and national sources. The effective resolution of the inevitable conflicts within that system is made increasingly important by the dramatic increase in interstate travel and commercial activity with the logical effect of increasing federal jurisdiction based upon diversity of citizenship. It is essential that litigants take note of a significant change in the federal court's approach to the rules applicable in diversity actions and modify their own judicial strategy accordingly.
Deadlocked Juries-The "Allen Charge" Is Defuse
Deadlocked Juries-The "Allen Charge" Is Defuse
University of Richmond Law Review
A deadlocked jury remains an ever-present problem to a judge whose docket is filled with cases to be litigated. Throughout history, crude methods of coercion have been -employed by judges to pry a verdict from a deadlocked jury. While such methods have long since been abandoned, a more subtle, though equally effective, device known as the "Allen charge" is still utilized today to bring about the same result.
Recent Legislation, J. Rodney Johnson
Recent Legislation, J. Rodney Johnson
University of Richmond Law Review
The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.
The Tolling Of The Statute Of Limitations When A Case Has Been Previously Dismissed For Lack Of Jurisdiction Or For Improper Venue
University of Richmond Law Review
When an action is initially brought in a state or federal court and is dismissed for lack of proper venue or jurisdiction, it frequently becomes necessary to determine whether the applicable statute of limitations has been tolled ,during the pendency of the action. If a second action is instituted after the "statutehas run, the action will be considered time-barred in the absence of a tolling doctrine.
Recent Developments, Various Editors
Recent Developments, Various Editors
Pendent Jurisdiction - The Problem Of "Pendenting Parties", William H. Fortune
Pendent Jurisdiction - The Problem Of "Pendenting Parties", William H. Fortune
Law Faculty Scholarly Articles
Federal courts have generally discouraged the joinder of a third party solely on the basis of a claim pendent to a federal cause of action. They have, however, been more liberal in allowing joinder in diversity cases. The author reviews the case law and argues that a more liberal attitude toward joinder should be adopted, except in diversity cases where, he believes, liberal joinder erodes the requirement of complete diversity.
Venue Of Civil Actions In Kentucky, William H. Fortune
Venue Of Civil Actions In Kentucky, William H. Fortune
Law Faculty Scholarly Articles
The purpose of this paper is primarily to analyze Kentucky’s venue statutes, and secondarily to suggest the path to reform. The paper is divided into four parts. Part I is a brief history of the confusion in Kentucky between jurisdiction and venue. Some exposure to this history is essential to an understanding of the older cases, which in some areas are the only cases in point. Part II is an analysis of the four major venue statutes in KRS Chapter 454: KRS § 452.400—actions involving land; KRS § 452.450-actions against corporations; KRS § 452.460—actions for personal injury or property damage; …