Law Commons^™

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell

Mercer Law Review

The most notable and far-reaching judicial activity during this survey period dealt with the summary judgment standard applied in tort cases. Other noteworthy developments occurred in the areas of venue, renewal of actions, collateral estoppel, and bifurcation of trials in cases involving punitive damages. Only minimal legislation was enacted in the area of trial practice and procedure during the survey period. This Article focuses on the most notable decisions rendered by the judiciary and the most significant legislation touching upon trial practice and procedure in Georgia state courts.

Appellate Practice And Procedure, William M. Droze

Mercer Law Review

An appellate court is often characterized by the opinions that it writes. Though an appellate opinion represents a written expression and extension of the judicial personality, it is necessarily dictated in part by the facts of the case. As a result, a court's application of appellate procedure may serve as a better crucible for assembling a judicial portrait and undertaking to study trends and direction. This Article examines recent appellate cases with a view towards understanding appellate direction as well as assisting the practitioner with an overview of appellate procedure in action. The Eleventh Circuit's emphasis on professionalism and on …

Smith V. State: The Georgia Supreme Court Mandated Jury Instructions In Battered Person Syndrome Cases, Sherry M. Hall

Mercer Law Review

After a recent Georgia Supreme Court ruling, battered person syndrome is entitled to separate jury charges when the defendant properly establishes the battered person syndrome self-defense claim.

Federal Practice, Richard Mills

Mercer Law Review

The formula for success in trial practice is simple: Be prepared, be decent, and be on time.

There are ninety-four district courts in the United States. Twenty-four states have two or more districts; for example, Illinois and Georgia have three. Twenty-six states, plus the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands, are single districts. And in all of those ninety-four districts over the last thirty years, the civil cases have tripled! In my district we have quadrupled our caseload in that same time frame. In the last five years alone, we have had …

Trial Practice And Procedure, Philip W. Savrin, Robyn L. Oliver

Mercer Law Review

This Article surveys the 1997 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

Amchem Products, Inc. V. Windsor: The Supreme Court Defines The Standard For Settlement Class Action Certification, Jimmy White

Mercer Law Review

In Amchem Products, Inc. v. Windsor, a case stemming from the asbestos litigation crisis of the 1970s and 1980s, the United States Supreme Court addressed the certification criteria for settlement-only class actions under rule 23 of the Federal Rules of Civil Procedure ("Rule 23").

Failing To Score: Clinton V. Jones And Claims Of Presidential Immunity, Jennifer Motos

Mercer Law Review

In Clinton v. Jones, the United States Supreme Court held that the Constitution does not afford the President temporary immunity from civil damages litigation arising out of events that occurred prior to his taking office absent the most unusual circumstances.