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The Venue Of Probate And Administration Proceedings, Paul E. Basye

Michigan Law Review

With the division of each state into counties or districts and the creation in each such subdivision of some court for the probate of wills and the administration of estates, it became necessary to designate which of such courts should undertake these functions in a particular estate. It is not the purpose of this study to consider problems arising out of conflicts of jurisdiction as between states insofar as independent determinations of domicile of a decedent may be made. That a decedent died a resident of the state undertaking an administration upon his estate will be assumed; or, if he …

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Improving The Administration Of Justice, John J. Parker

Indiana Law Journal

No abstract provided.

The Organization Of The Probate Court In America: Ii, Lewis M. Simes, Paul E. Basye

Michigan Law Review

It is the purpose of the discussion which follows to consider how far the court organization in typical jurisdictions is adapted to a differentiation between contentious and noncontentious business. The sharp differentiation in English law will first be pointed out. Then the probate judicial organizations of various typical states will be considered in connection with the questions: How far have they retained the distinction between contentious and noncontentious business emphasized in the English system which served as their model? How far have they developed a basis of differentiation unlike the English model? The answer to these questions will involve some …

Criminal Justice In Germany, Hans Julius Wolff

Michigan Law Review

Criminal law and procedure, perhaps even more than civil, reflect the underlying conceptions of the political system with which they are connected. The ideological structure of criminal procedure in Germany, as well as in other continental European states, rests on the historical development through which constitutional institutions in those countries have passed since the French Revolution. It mirrors the transformation of the all-powerful state of the period of absolutism into the liberal state with its guaranteed freedoms and rights of the individual and strict legal limits to the power of the authorities (Rechtsstaat); and in recent years it has adapted …

Judges-Disqualification -Doctrine Of Necessity, W. Theodore Markwood

Michigan Law Review

An original action in quo warranto was brought in the name of the state on the relation of the Attorney General who later became a justice of the Supreme Court and participated in the final decision. It was argued on motion for a rehearing that this justice was disqualified by his prior connection with the case and that his participation in the final decision made it erroneous. Held, he was not disqualified, but if he had been, he was nevertheless under a duty to act with the court when it appeared that without his participation no decision could be …

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

The Organization Of The Probate Court In America: I, Lewis M. Simes, Paul E. Basye

Michigan Law Review

This is a study of contemporary American legislation concerning probate courts, with particular reference to their jurisdiction over the probate of wills and the administration of estates of deceased persons.

By the term "probate courts" is meant all judicial tribunals which exercise such jurisdiction. As will subsequently appear, they are otherwise variously designated as surrogates' courts, orphans' courts, prerogative courts, courts of ordinary and county courts. In one state all the functions of probate and administration are exercised by courts of chancery. In other states, chancery has concurrent jurisdiction over many of these functions. Sometimes the register of probate exercises …

Civil Justice In Germany, Burke Shartel, Hans Julius Wolff

Michigan Law Review

Our aim in preparing this paper is to develop for American lawyers a picture of the functioning of German civil justice. This aim, as well as the paper itself, is an outgrowth of a series of lectures on the German legal system delivered by the authors as background in the law of military occupation for the Judge Advocate General's School of the United States Army in Ann Arbor. That part of these lectures which concerns the operation of German civil justice seems to us of sufficient intrinsic interest to warrant publication.

Jury Selection Analyzed: Proposed Revision Of Federal System, William Wirt Blume

Michigan Law Review

It is proposed, and bills to carry out the proposal are now pending in Congress, that the federal system of jury selection be substantially revised, chiefly by establishing "uniform qualifications" for jurors who serve in the federal courts. An examination of these bills reveals that the proposed revision not only contemplates the elimination of conformity with state statutes insofar as they prescribe qualifications for, and exemptions from, jury service, but also contemplates a startling increase in the discretionary powers of the federal judges with respect to the whole process of jury selection. As an aid to a consideration of the …

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Proposed Rules Of Federal Criminal Procedure: Final Draft, Albert J. Harno

Michigan Law Review

In February 1941, the Supreme Court appointed an advisory committee to prepare a draft of Federal Rules of Criminal Procedure. That committee has made its report to the Court and has presented a final draft of the rules. The adoption of these rules would be a landmark in criminal law administration. The importance of the draft does not lie in the fact that it projects matters that are novel or new, but rather in that it presents in successive provisions, stated in simple language, the best practices in criminal law procedure that have been evolved through experience. Of equal, or …

Abstracts, Benjamin M. Quigg, Jr.

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

The Future Of The Judicial System, James P. Alexander

Indiana Law Journal

No abstract provided.

Court Rules For Selection Of Judge

Indiana Law Journal

Notes and Comments: Venue