Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Federal Rules of Civil Procedure (3)
- Armstrong v. Manzo (1)
- Auto Dealers' Act (1)
- Casebook (1)
- Clayton Act (1)
-
- Criminal conviction (1)
- Due Process Clause (1)
- Eleventh Amendment (1)
- Estoppel (1)
- Extraterritorial service (1)
- Federal Tort Claims Act (1)
- Fifth Amendment (1)
- Hearsay rule (1)
- Judgment (1)
- Legal certainty (1)
- Liquidated damage (1)
- Mutuality rule (1)
- Robinson-Patman Act (1)
- Rule 14(a) (1)
- Rule 4 (1)
- Saint Paul Mercury Indem. Co. V. Red Cab Co. (1)
- Section 1345 (1)
- Service of process (1)
- Sua sponte (1)
- Territorial reach (1)
- Third-party complaint (1)
- Treatise (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review
Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review
Michigan Law Review
Hoping to keep federal court dockets free of petty claims and thereby to reduce the delay in bringing to trial controversies involving more substantial sums, Congress has given United States district courts jurisdiction of many civil actions arising under the Constitution, laws, or treaties of the United States and most disputes between parties of diverse citizenship only when the alleged right forming the basis of a claimant's cause of action can be valued at more than ten thousand dollars. The value of a particular claim is determined by reference to those portions of its proponent's pleading which tend to support …
Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review
Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review
Michigan Law Review
The overwhelming majority of courts considering the issue without the aid of pertinent legislation have held that a record of a prior criminal conviction may not be used against a convicted person in subsequent civil proceedings arising from the same facts as the criminal prosecution but to which the state is not a party. It is admissible neither as evidence of the facts underlying it, nor as the basis of an estoppel preventing the convicted party from relitigating those issues which must have been decided against him in the criminal trial for the judge or jury to have found him …
Service Of Process-Federal Rules Of Civil Procedure-Service Of Process In Italy On Alien Corporate Defendant Permitted In A Federal Antitrust Action-Hoffman Motors Corp. V. Alfa Romeo S.P.A.., Michigan Law Review
Michigan Law Review
Plaintiff, an American automobile distributor, brought suit in a federal court in the Southern District of New York against Alfa Romeo S.p.A., an Italian corporation, for violation of the Robinson- Patman and Auto Dealers' Acts. Service of process was made personally on defendant's general manager in Italy by an Italian attorney appointed for that purpose by the district court, and by registered mail as prescribed by the New York statute for extraterritorial service. Defendant moved to dismiss for lack of personal jurisdiction as to the Robinson-Patman claim on the ground that section 12 of the Clayton Act limits the territorial …
Conditioning Of Relief From Unenforceable Judgment Upon Showing Of Meritorious Defense To Claim Upon Which It Was Entered Can Deny Due Process Of Law--Armstrong V. Manzo, Michigan Law Review
Conditioning Of Relief From Unenforceable Judgment Upon Showing Of Meritorious Defense To Claim Upon Which It Was Entered Can Deny Due Process Of Law--Armstrong V. Manzo, Michigan Law Review
Michigan Law Review
When petitioner and his wife were divorced in 1959 she received custody of their minor daughter, and he was ordered to contribute fifty dollars per month toward the child's support. The wife remarried and, two years after the divorce, joined in proceedings initiated by her new husband in a Texas court to adopt the child. The adoption petition alleged that, during the two-year period, petitioner had failed to support the child in a manner commensurate with his ability. Under Texas law, proof of such a charge against a natural father makes his consent to the adoption of his child unnecessary. …
Eleventh Amendment, Judicial Code, And Federal Rules Of Civil Procedure Restrict Ability Of United States To Implead A State In Connection With Suit Commenced By A Private Citizen--Parks V. United States, Michigan Law Review
Michigan Law Review
Suit was brought by an individual against the United States under the Federal Tort Claims Act to recover compensation for property damage alleged to have been caused by the Government's negligence in constructing and maintaining the physical components\ of a flood-control project in New York. Relying upon New York's promise to hold the United States harmless on any liability arising from damage of this nature, the Government impleaded the state. On a motion before the United States District Court for the Northern District of New York to dismiss the state as a third-party defendant, held, motion granted. The Federal …
James: Civil Procedure, Jon R. Waltz
James: Civil Procedure, Jon R. Waltz
Michigan Law Review
A Review of Civil Procedure by Fleming James, Jr.