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Civil Procedure

Journal

1980

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Articles 1 - 30 of 35

Full-Text Articles in Law

Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review Dec 1980

Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review

Michigan Law Review

This Note evaluates judicial handling of citizen suits tainted by defective notice. After reviewing the legislative history of the citizen suit provisions, the Note presents an array of judicial responses to defective notice and classifies decisions by their stringency in applying the notice provision. In the final section, the Note argues that Congress's purpose in requiring notice should determine the limits of judicial tolerance of defective notice. It concludes that courts should dismiss citizen suits unless actual notice of intent to sue, whether or not in the form specified by EPA regulations, was given sixty days before the filing of …


Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review Dec 1980

Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review

Michigan Law Review

This Note examines the history and ambiguous language of rule 56 to determine whether courts have a duty to examine the discovery file before granting a summary judgment. Section I discusses courts' differing interpretations of the rule. Section II shows that the Supreme Court Advisory Committee which drafted the rule contemplated that courts would examine routinely filed discovery materials when considering a motion for summary judgment. Section III concludes, however, that the expansion of pre-trial discovery since the enactment of the federal rules renders such a trial court duty inconsistent with the drafters' intent that the rules "be construed to …


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter Dec 1980

Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter

St. Mary's Law Journal

Abstract Forthcoming.


Essay--Prejudgment Attachments And The Concept Of The Neutral Magistrate: A Tale Of Two Cases, James Audley Mclaughlin Dec 1980

Essay--Prejudgment Attachments And The Concept Of The Neutral Magistrate: A Tale Of Two Cases, James Audley Mclaughlin

West Virginia Law Review

No abstract provided.


An American Enforcement Model Of Civil Process In A Canadian Landscape, Bruce H. Wildsmith Jul 1980

An American Enforcement Model Of Civil Process In A Canadian Landscape, Bruce H. Wildsmith

Dalhousie Law Journal

One general perspective from which to view the Anglo-American legal system shared by Canada is that proposed by Charles Darwin to explain the origin and diversity of biologically distinct species. Darwin's theory of evolution places emphasis upon the adjustment or adaptation over time of biological characteristics to environmental factors by the selection of genetically determined features enabling the most suited to their surroundings to better thrive - the so-called "survival of the fittest".' Law might usefully be thought of as bearing an analogous relationship to the social environment in which it exists and must operate. As this milieu for various …


Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton Jun 1980

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.


Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar Jun 1980

Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar

St. Mary's Law Journal

Abstract Forthcoming.


Collateral Estoppel And Supreme Court Disposition Of Moot Cases, Michigan Law Review May 1980

Collateral Estoppel And Supreme Court Disposition Of Moot Cases, Michigan Law Review

Michigan Law Review

In response to the Government's novel proposal in Velsicol, this Note reconsiders the procedures by which the Supreme Court could dispose of moot cases. Section I examines the collateral estoppel effects of the Supreme Court's present procedure and the Government's proposal in Velsicol. Section II concludes that both procedures afford excessive protection from collateral estoppel because they misconceive the purpose of Supreme Court review. The Note suggests that, when faced with a moot federal petition for certiorari, the Supreme Court should either deny the petition or, if certiorari has already been granted, dismiss the case.


Civil Procedure–Collateral Estoppel–Offensive Use Of Equity Finding Allowed In Subsequent Law Action, Christopher John Heller Apr 1980

Civil Procedure–Collateral Estoppel–Offensive Use Of Equity Finding Allowed In Subsequent Law Action, Christopher John Heller

University of Arkansas at Little Rock Law Review

No abstract provided.


Jury Instructions V. Jury Charges, J. Patrick Jones Apr 1980

Jury Instructions V. Jury Charges, J. Patrick Jones

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.


Iii. Civil Procedure Mar 1980

Iii. Civil Procedure

Washington and Lee Law Review

No abstract provided.


Reasonable Diligence By A Judgment Creditor To Discover A Debtor's Fraudulent Concealment Of Assets Avoids Limitations Governing Issuance Of Executions And Revival Of Judgments., J. Randall Grimes Mar 1980

Reasonable Diligence By A Judgment Creditor To Discover A Debtor's Fraudulent Concealment Of Assets Avoids Limitations Governing Issuance Of Executions And Revival Of Judgments., J. Randall Grimes

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Law-Civil Procedure-Implied Cause Of Action-Extending Bivens To The Fifth Amendment-Davis V. Passman, 442 U.S. 228 (1979) Mar 1980

Constitutional Law-Civil Procedure-Implied Cause Of Action-Extending Bivens To The Fifth Amendment-Davis V. Passman, 442 U.S. 228 (1979)

BYU Law Review

No abstract provided.


The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman Jan 1980

The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman

Cardozo Law Review

No abstract provided.


Is Ordeal By Discovery Over - Discovery By Telephone And Conference: New Pretrial Techniques Considered For The District Courts Adopted By The United States Customs Court, 13 J. Marshall L. Rev. 225 (1980), Joel M. Wachs Jan 1980

Is Ordeal By Discovery Over - Discovery By Telephone And Conference: New Pretrial Techniques Considered For The District Courts Adopted By The United States Customs Court, 13 J. Marshall L. Rev. 225 (1980), Joel M. Wachs

UIC Law Review

No abstract provided.


Katz V. Eli Lilly & (And) Co.: Limitation Of Collateral Estoppel In Products Liability Litigation, 14 J. Marshall L. Rev. 201 (1980), Steven Polick Jan 1980

Katz V. Eli Lilly & (And) Co.: Limitation Of Collateral Estoppel In Products Liability Litigation, 14 J. Marshall L. Rev. 201 (1980), Steven Polick

UIC Law Review

No abstract provided.


The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk Jan 1980

The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk

Cleveland State Law Review

The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …


Causation As A Standing Requirement: The Unprincipled Use Of Judicial Restraint, Gene R. Nichol Jr. Jan 1980

Causation As A Standing Requirement: The Unprincipled Use Of Judicial Restraint, Gene R. Nichol Jr.

Kentucky Law Journal

No abstract provided.


Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee Jan 1980

Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee

University of Richmond Law Review

The implication doctrine allows a federal court to create a private cause of action from a federal statute that does not expressly provide for a private remedy. In Cort v. Ash, the Supreme Court articulated a four factor test to determine when this doctrine should be utilized. This comment will provide a brief history of the implication doctrine and of the major Supreme Court decisions that culminated in the Cort test. Relevant Supreme Court decisions after Cort,will then be examined to reveal a new, more restrictive approach to implication. Finally, reasons will be advanced that justify this stricter approach.


The Long Arm Of Federal Courts: Domestic Jurisdiction On The High Seas Jan 1980

The Long Arm Of Federal Courts: Domestic Jurisdiction On The High Seas

Washington and Lee Law Review

No abstract provided.


Recent Trends In The Enforcement Of Discovery: Sanctions In The Federal Courts And In Illinois, Maryann C. Hayes Jan 1980

Recent Trends In The Enforcement Of Discovery: Sanctions In The Federal Courts And In Illinois, Maryann C. Hayes

Loyola University Chicago Law Journal

No abstract provided.


Discovery And The Work Product Doctrine, Vivian K. Yamaguchi Jan 1980

Discovery And The Work Product Doctrine, Vivian K. Yamaguchi

Loyola University Chicago Law Journal

No abstract provided.


Court-Ordered Mental And Physical Examinations: A Survey Of Federal Rule 35 And Illinois Rule 215, Paula M. Becker Jan 1980

Court-Ordered Mental And Physical Examinations: A Survey Of Federal Rule 35 And Illinois Rule 215, Paula M. Becker

Loyola University Chicago Law Journal

No abstract provided.


Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker Jan 1980

Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker

Villanova Law Review

No abstract provided.


Kentucky Law Survey: Civil Procedure, John H. Garvey, Beth Pederson Doutt Jan 1980

Kentucky Law Survey: Civil Procedure, John H. Garvey, Beth Pederson Doutt

Kentucky Law Journal

No abstract provided.


The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos Jan 1980

The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos

University of Richmond Law Review

The issue of third party confessions generates great controversy. The basic inquiry is, should confessions allegedly uttered by persons other than the defendant be admitted into evidence in a criminal trial? If so, under what conditions? How much discretion should a trial judge be afforded in determining whether this evidence should be admitted to exculpate a person charged with murder, armed robbery, or rape? Should the trial judge or the jury determine the reliability of the witness, the declarant, or the content of the confession itself? These considerations, in addition to due process arguments, have troubled criminal courts, legislators, and …


Dual Citizenship And Federal Diversity Jurisdiction Under 28 U.S.C. § 1332: Sadat V. Mertes, 615 Fd 1176 (7th Cir. 1980), Patricia Lynn Gatling Jan 1980

Dual Citizenship And Federal Diversity Jurisdiction Under 28 U.S.C. § 1332: Sadat V. Mertes, 615 Fd 1176 (7th Cir. 1980), Patricia Lynn Gatling

Maryland Journal of International Law

No abstract provided.


The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk Jan 1980

The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk

Cleveland State Law Review

The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …