Law Commons^™

Romandette V. Weetabix Co., Inc., 807 F. 2d 309 - Court Of Appeals, 2nd Circuit 1986, Roger J. Miner '56

Circuit Court Opinions

Anthony Romandette appeals pro se from an order of the United States District Court for the Southern District of New York (Brieant, J.) dismissing his diversity action for failure to effect service of the summons and complaint, Fed.R.Civ.P. 4, and for neglect to prosecute, Fed.R.Civ.P. 41(b). At the time the lawsuit was instituted — December 3, 1984 — and throughout most of the litigation, Romandette was incarcerated. Due to his incarceration, he was dependent upon prison library facilities to research his legal claims and, because of his in forma pauperis status, dependent upon United States Marshals to effectuate service of …

Repuation And Character In Defamation Actions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Iowa Mutual Insurance Co. V. Laplante, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Asahi Metal Industry Co. V. Superior Court Of California, Solano County, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California V. Rooney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

Scholarly Works

The most noteworthy and important developments in trial practice and procedure during this survey period came as the result of legislation. Headlining these new laws is a measure designed to combat frivolous lawsuits by empowering judges to award reasonable attorney's fees and court costs against any party, plaintiff or defendant, who asserts a claim or defense that lacks substantial justification, or who otherwise abuses the process of adjudication. The adoption of this legislation spurred the supreme court to create a new tort of abusive litigation in Yost v. Torok.

For the second consecutive year, the legislature shortened the time in …

Forum Non Conveniens: A Doctrine In Search Of A Role, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Jury Instructions: A Bibliography. Part I: Civil Jury Instructions, Cheryl R. Nyberg, Carol Boast

Librarians' Articles

Pattern jury instructions are used by trial judges to explain the law to jurors in language that they can understand and that provide consistency from one trial to another. This bibliography contains references to 156 recent and dated compilations of civil jury instructions. An index to acronyms for civil jury instructions is included.

Civil Procedure, 18 Loy. U. Chi. L.J. 317 (1986), Kenneth Kandaras, Catherine Wozniak

UIC Law Open Access Faculty Scholarship

No abstract provided.

Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson

Law Faculty Publications

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1985 and May 1986. This article also comments on cases in volumes three and four of Virginia Circuit Court Opinions, many of which were decided before 1985, but it is appropriate to mention them here since they were only recently made generally available through publication. There have been no major changes in the area of Virginia civil procedure during the period …

Getting A Full Bite Of The Apple: When Should The Doctrine Of Issue Preclusion Make An Administrative Or Arbitral Determination Binding In A Court Of Law?, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

In recent years, alternative means of dispute resolution have become important resources. Therefore, the question of when the determination of issues at administrative hearings and arbitrations should be granted preclusive effect in subsequent judicial litigations requires critical evaluation. Part I of this Article focuses on the general evolution of issue preclusion in New York. Part II discusses recent New York case law giving preclusive effect to administrative and arbitral issue determinations in subsequent state court proceedings. Part III analyzes the policy reasons for applying issue preclusion to administrative and arbitral issue determinations in such proceedings. Part IV concludes that the …

The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert

Articles

My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …

Compulsory Process, Right To, Peter K. Westen

Book Chapters

The first state to adopt a constitution following the Declaration of Independence (New Jersey, 1776) guaranteed all criminal defendants the same ‘‘privileges of witnesses’’ as their prosecutors. Fifteen years later, in enumerating the constitutional rights of accused persons, the framers of the federal Bill of Rights bifurcated what New Jersey called the ‘‘privileges of witnesses’’ into two distinct but related rights: the Sixth Amendment right of the accused ‘‘to be confronted with the witnesses against him,’’ and his companion Sixth Amendment right to ‘‘compulsory process for obtaining witnesses in his favor.’’ The distinction between witnesses ‘‘against’’ the accused and witnesses …

Hearsay Rule, Peter K. Westen

Book Chapters

The hearsay rule is a non constitutional rule of evidence which obtains in one form or another in every jurisdiction in the country. The rule provides that in the absence of explicit exceptions to the contrary, hearsay evidence of a matter in dispute is inadmissible as proof of the matter. Although jurisdictions define "hearsay" in different ways, the various definitions reflect a common principle: evidence that derives its relevance in a case from the belief of a person who is not present in court—and thus not under oath and not subject to cross-examination regarding his credibility—is of questionable probative value.

Police Interrogation And Confessions, Yale Kamisar

Book Chapters

In the police interrogation room, where, until the second third of the century, police practices were unscrutinized and virtually unregulated, constitutional ideals collide with the grim realities of law enforcement.

Closing Argument Procedure, J. Alexander Tanford

Articles by Maurer Faculty

Legal scholars have paid little attention to closing arguments. There are few publications that touch on this phase of the trial process, most focusing on the substance of prosecution arguments in criminal cases. As a result, too few of the legal principles and doctrines of closing argument procedure are understood, especially in civil trials. The purpose of this article is to set out a more comprehensive picture of this body of law than has been done previously, and to define and analyze its major doctrines.

Religion And Procedure, Robert E. Rodes

Journal Articles

God has no use for procedural rules since He knows the full truth and is able to exercise absolute justice simultaneously alongside complete mercy. This paper discusses the religious significance of legal rules of procedure in light of this truth. It finds that since we, unlike God, are inherently fallible, we are forced to implement procedures in the legal pursuit of our goals of truth, justice, and mercy. These procedures remain imperfect in implementing these goals, as compromises must often be made between competing values such as mercy on one hand and justice on the other. Nevertheless, though legal procedure …

Proposals To Amend Rule 68 - Time To Abandon Ship, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Revival Of Fact Pleading Under The Federal Rules Of Civil Procedure, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Sanctions Under Amended Federal Rule 11–Some "Chilling" Problems In The Struggle Between Compensation And Punishment, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

Preclusion And Federal Choice Of Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.