Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (22)
- Constitutional Law (8)
- Medical Jurisprudence (8)
- Legal Remedies (7)
- Evidence (5)
-
- Legal Profession (5)
- State and Local Government Law (4)
- Business Organizations Law (3)
- Civil Rights and Discrimination (3)
- Labor and Employment Law (3)
- Law and Psychology (3)
- Property Law and Real Estate (3)
- Workers' Compensation Law (3)
- Admiralty (2)
- Criminal Law (2)
- Insurance Law (2)
- Legal Ethics and Professional Responsibility (2)
- Litigation (2)
- Animal Law (1)
- Civil Procedure (1)
- Criminal Procedure (1)
- First Amendment (1)
- Food and Drug Law (1)
- Fourteenth Amendment (1)
- International Trade Law (1)
- Jurisdiction (1)
- Juvenile Law (1)
- Law Enforcement and Corrections (1)
- Law and Society (1)
- Keyword
-
- Fourth Amendment (7)
- Search and Seizure (7)
- Stop and Frisk (7)
- Terry v. Ohio (7)
- Legal aid (3)
-
- Negligence (3)
- Causation (2)
- Excessive damages (2)
- Expert testimony (2)
- Medical evidence (2)
- Medical malpractice (2)
- Mental distress (2)
- Mental suffering (2)
- Ohio Supreme Court (2)
- Punitive damages (2)
- Res ipsa loquitor (2)
- Solicitation (2)
- Workmen's compensation (2)
- Abuse of process (1)
- Advertising (1)
- Aggravation of pre-exisiting cancer (1)
- Aggressor defense (1)
- Allocation (1)
- Alter ego (1)
- American Rule (1)
- American revolution (1)
- Anesthesia (1)
- Anesthesiologist (1)
- Arising out of employment (1)
- Assault (1)
- Publication
- Publication Type
Articles 1 - 30 of 64
Full-Text Articles in Law
66/10/20 Police Can Search, High Court Rules, Cleveland Press
66/10/20 Police Can Search, High Court Rules, Cleveland Press
Newspaper Coverage
The Ohio Supreme Court upheld the lower court ruling that Cleveland Police Detective Martin McFadden's search of John W. Terry and Richard D. Chilton (represented by Louis Stokes) did not violate their constitutional rights because McFadden felt they were acting "in a suspicious manner."
66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio
66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio
Ohio Supreme Court
Mandate to Common Pleas Court, Cuyahoga County, to proceed without delay to carry out its judgment in Ohio v Terry citing no substantial constitution question involved.
66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne
66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne
Ohio Supreme Court
"The trial court properly found that there is a distinction between a frisk and a search, and that in the circumstances of this case the frisk preceded the arrest, and further, that the arrest and search in connection therewith were legal. The opinion of the Court of Appeals and the authorities cited therein support that conclusion. The defendant has not shown any valid reason why these findings should be disturbed. The motion for leave to appeal should therefore be overruled." From the Conclusion, page 14.
66/06/14 Notice Of Appeal For Ohio V Chilton And Ohio V Terry, Louis Stokes
66/06/14 Notice Of Appeal For Ohio V Chilton And Ohio V Terry, Louis Stokes
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
Louis Stokes gives notice of appeal to the Ohio Supreme Court from judgment rendered by 8th District Court of Appeals on May 25, 1966. Appeal is on questions of law and on condition that motion for leave to appeal be allowed by Supreme Court of Ohio; constitutional question is also involved.
66/05/25 Journal Entry From Appeals Court Affirming The Common Pleas Court Judgment In Ohio V Chilton And Ohio V Terry, Samuel H. Silbert
66/05/25 Journal Entry From Appeals Court Affirming The Common Pleas Court Judgment In Ohio V Chilton And Ohio V Terry, Samuel H. Silbert
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
The Court of Appeals, Eight District, Cuyahoga County finds no error prejudicial to the appellant, thus affirming the Common Pleas Court judgement. Signed by Chief Justice Joseph H. Silbert, with Justices Joseph A. Artl and James Joseph Patrick Corrigan concurring.
66/02/11 Opinion, Eighth Judicial District Of Ohio, Court Of Appeals, Cuyahoga County, Samuel H. Silbert
66/02/11 Opinion, Eighth Judicial District Of Ohio, Court Of Appeals, Cuyahoga County, Samuel H. Silbert
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
Judges Samuel H. Silbert, Joseph A. Artl, and James Joseph Patrick Corrigan unanimously upheld Judge Bernard Friedman's decision in the Cuyahoga County Court of Common Pleas. The Appeals Court held that Detective Martin J. McFadden had validly found the gun carried by John Terry and had, at the moment of the arrest, adequate probable cause to arrest Terry.
66/02/10 Police Upheld In Acts Of Personal Search, Cleveland Press
66/02/10 Police Upheld In Acts Of Personal Search, Cleveland Press
Newspaper Coverage
Justices Joseph H. Silbert, Joseph A. Artl and J. J. P. Corrigan of the 8th District Court of Appeals unanimously agreed with Cuyahoga County Common Pleas Court Judge Bernard Friedman in his ruling that a policeman has a right to question a suspicious person and search him in order to protect himself from a possible assault with a deadly weapon.
Malpractice By Veterinarians, Martin J. Strobel
Malpractice By Veterinarians, Martin J. Strobel
Cleveland State Law Review
The veterinarian's liability is measured by the same basic standards applicable to physicians and surgeons. In both fields the technical nature of the malpractice action creates special problems. To determine the issue of liability the jury must identify both the historical facts and the standard of care. Attempting to resolve issues of medical fact may be difficult for a lay jury; such resolution demanding as it does, not merely an appraisal of the witnesses' demeanor and character, but an evaluation of their stories in the context of the situation giving rise to the cause of action.
Some Bases For Remittitur In Personal Injury Cases, Robert Saxer
Some Bases For Remittitur In Personal Injury Cases, Robert Saxer
Cleveland State Law Review
In reviewing an award various factors before it can determine whether the award is so excessive that remittitur should be granted or a new trial ordered. Remittitur is justified when the award is based on computation errors, oversight or consideration of an improper element, or when, in view of the evidence, the judgment is excessive enough to indicate prejudice, passion, partiality or corruption on the part of the jury.
How Much Detention Constitutes False Imprisonment, Nancy F. Halliday
How Much Detention Constitutes False Imprisonment, Nancy F. Halliday
Cleveland State Law Review
Any intentional unlawful confinement of an individual, without his consent, for any length of time, no matter how short in duration, constitutes false imprisonment. This statement, however, leaves unanswered the question of what constitutes a lawful confinement.
Injuries From Fright Without Contact, Larry Grean
Injuries From Fright Without Contact, Larry Grean
Cleveland State Law Review
Mental distress situations occur throughout the field of torts in cases ranging from assault and trespass to seduction, false arrest, slander, malicious prosecution, and others. They occur in intentional and unintentional situations, and in cases where there is willful and wanton negligence. There may be mental distress over one's own predicament or over fear for the safety of a third party. Physical injuries may or may not result from the mental distress and the element of "impact" (contemporaneous physical injury) becomes an additional factor to consider. However, when it comes to the question of recovery for either mental distress alone …
Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte
Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte
Cleveland State Law Review
The burden of this paper is the extent to which a plaintiff in a malicious prosecution action will be permitted to recover damages for the injury he has suffered to his feelings. Simply stated, there is no serious legal question presented by this broad topic. In a malicious prosecution action based on criminal proceedings the plaintiff may recover damages for his mental suffering (and for the harm to his reputation) and the great majority of jurisdictions permit these damages to be recovered without special pleading or proof-i.e., these elements are considered to be general damages.
Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day
Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day
Cleveland State Law Review
To insure the focus of theme it is assumed for present purposes that the hurdles of proof and proximate cause in an actionable defamation have been cleared and that there is no concern with any other issues that may arise, offensively or defensively, in a defamation action beyond the propriety, or impropriety, of proving mental suffering as an element of compensable damage. Stated another way, the crux of the matter is whether mental anguish is, can, or ought to be classified as special damage in defamation actions. Punitive damages are, of course, an element of no relevance here except in …
The Terror Neurosis, David I. Sindell
The Terror Neurosis, David I. Sindell
Cleveland State Law Review
In 1934, Strauss and Savitzky wrote a paper' in which they elaborated a particular syndrome known as a "terror neuro- sis," and stated that it was frequently found in such natural disasters as earthquakes, or in sea or military disasters, and mining catastrophes. Physical injuries in these cases, they said, may be slight or absent. For this reason, Strauss and Savitzky objected to the use of the term "traumatic neurosis" on the ground that the neurosis had no physical cause as such.
Damages For Emotional Distress In Ohio, James G. Young
Damages For Emotional Distress In Ohio, James G. Young
Cleveland State Law Review
A review of Ohio cases reveals that Ohio law declares there cannot be recovery for mental distress unless it is accompanied by contemporaneous physical injury (i.e., contact), or unless the act was wilful, wanton or intentional. No Ohio cases were found where recovery for purely mental suffering, caused negligently, in and of itself was permitted.
Horseplay By Employees, Michael Kaye
Horseplay By Employees, Michael Kaye
Cleveland State Law Review
The trend of authority is strongly in favor of eliminating the aggressor defense from Workmen's Compensation law. The instigator, like the victim or participant in horseplay, is now likely to be compensated for his injuries resulting from sportive acts. This is looked on by the law as a reasonable consequence of the natural conditions of employment rather than as a deviation. "Horseplay" is the colloquial term referring to sportive and playful acts often used legalistically to describe the conduct of employees who skylark or prank, doing injury to themselves or to others. Sportive conduct includes assaults with or without an …
Refusal Of Charter Of A Non-Profit Corporation, David A. Zeitzheim
Refusal Of Charter Of A Non-Profit Corporation, David A. Zeitzheim
Cleveland State Law Review
Every state has provisions relating to the formation of non- profit corporations. The procedure for forming a non-profit corporation is similar to that of organizing a corporation for profit. The purpose of this note is to summarize the reasons for which a non-profit corporate charter may be refused by a state.
John Locke And The Declaration Of Independence, Kenneth D. Stern
John Locke And The Declaration Of Independence, Kenneth D. Stern
Cleveland State Law Review
In an article published in the Journal of the American Bar Association in 1949, Dean Clarence Manion, then Dean of the College of Law of the University of Notre Dame, stated, "It is misleading to attribute the philosophy of the Declaration (of Independence) to the writings of John Locke." Dean Manion feels that Locke implies that the rights of minority groups and even of individuals are subordinated to the dictates of the majority. Manion concluded that Jefferson's philosophy contrasts sharply with the Lockian creed. A more thorough examination of Locke's writings, however, tends to lead to the opposite conclusion.
Book Review, Alfred W. Gans
Book Review, Alfred W. Gans
Cleveland State Law Review
Reviewing Philip J. Hermann, Better Settlements Through Leverage, Acqueduct Books, 1965
A Revolution In The Law Practice, F. William Mccalpin
A Revolution In The Law Practice, F. William Mccalpin
Cleveland State Law Review
When I was a boy, there was a popular abbreviated saying, "Comes the revolution," with the usually unsaid, but well understood additive, "Things will be different around here." My suggestion in this writing is that we may well be on the verge of a revolution in the practice of law, and that things may indeed "be different around here" in the practice.
A Neighborhood Law Office: The New Haven Project, Charles D. Gill
A Neighborhood Law Office: The New Haven Project, Charles D. Gill
Cleveland State Law Review
The first new step taken by the New Haven community was the establishment of free legal services for the poor in offices located within poverty stricken neighborhoods. The offices serve all persons residing within a particular geographic area who meet a financial eligibility standard. Our services are available in both civil and criminal matters. The only type of cases specifically excluded are personal injury plaintiff suits, where there is the possibility of a contingent fee arrangement.
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Cleveland State Law Review
This paper has attempted to reconcile the neighborhood legal services plan with the existing Canons of Professional Ethics.The prime argument is that the plan provides benefits to society, and that the Canons were designed to prevent evils far different from the questions presented by the project. This is the fundamental issue: whether the canons are merely bent, or, in reality, broken. In either event, the canons should not prevent justice for those too poor to pay for a lawyer. The"redeeming social interest" spoken of by the Court in obscenity cases and the "overriding social importance" talked about in social legislation …
The Solo Practitioner And The Poverty Program, Howard M. Rossen
The Solo Practitioner And The Poverty Program, Howard M. Rossen
Cleveland State Law Review
For economic reasons the young individual general practitioner must accept and handle practically all potential new business. He must expect to get, at first, repetitive legal matters that will constitute a large part of his early practice. And he must learn quickly how to handle a very demanding clientele. He will learn very quickly that solo practice is not the most lucrative type of law practice.
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Cleveland State Law Review
The young attorney often may have time on his hands. He may be tempted to increase his following by advertising or by soliciting clients, but rules of the bar and statutes against solicitation prevent this. There are, of course, some forms of advertising open to all lawyers. National directories and law lists, such as the Martin dale-Hubbell Law Directory, theoretically published only for lawyers, not only advertise the attorney and his firm, but also list the names of any clients whom he wishes to give as representative of his practice and his specialties.
Motions In Limine, Tom H. Davis
Motions In Limine, Tom H. Davis
Cleveland State Law Review
Defendant's attorney in a tort or personal injury case can fumble, stumble and fall and win. A plaintiff's attorney can try his case perfectly and still lose. Since any charge of prejudicial tactics brought against the plaintiff usually will be more harmful than one brought against the defendant, it is the duty of the plaintiff's attorney to keep the case like "Caesar's wife," if he can.One of the best ways to accomplish this is through a motion in limine. For those who are not familiar with this practice, it is a motion, heard in advance of jury selection, which asks …
Retail Druggist's Warranty Of Drugs, Thomas M. Schmitz
Retail Druggist's Warranty Of Drugs, Thomas M. Schmitz
Cleveland State Law Review
Jurisdictions retaining a contractual warranty theory hold that a retail druggist warrants the wholesomeness, fitness, and merchantability of his products. This warranty applies to all drugs whether they are prescription drugs, proprietary drugs ,brand name drugs, or drugs sold in the original sealed containers. Liability for the sale of a prescription drug may be exempted if the patient relies on the physician's judgment, and liability for the sale of a brand name drug may be relieved if there is reliance on the manufacturer's reputation. Jurisdictions construing product warranty as a strict liability in tort will invariably hold a retail druggist …
Municipal Liability For Failure To Provide Police And Fire Protection, Charles F. Reusch
Municipal Liability For Failure To Provide Police And Fire Protection, Charles F. Reusch
Cleveland State Law Review
A municipal corporation generally has no duty to provide fire and police protection, and is not liable in tort or contract to private persons for losses suffered therefrom, unless a statute specifically allows recovery. The underlying reasoning for this comes from (1) the concept of governmental tort immunity when municipalities are engaged in governmental functions (fire-fighting and giving police protection are almost universally held to be governmental functions) and (2) the common law notion that, absent any duty imposed by statute, the municipal corporation cannot be liable for mere inactivity on the part of public servants which results in damage, …
Municipal Liability For Exemplary Damages, David H. Hines
Municipal Liability For Exemplary Damages, David H. Hines
Cleveland State Law Review
Although the law is not altogether free from doubt on the subject of municipal liability for exemplary damages, it is a settled principle that exemplary damages may not be recovered against a municipal corporation, nor a state, in the absence of statutory authority.
Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz
Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz
Cleveland State Law Review
The logic and validity of the public policy argument that to require insurance companies to pay punitive damages would place a burden upon the innocent insurance carrier, and ultimately the public itself, is weak and indefensible. The concern for not wanting to punish the insurance carrier, an innocent party, is not logical since any insurance company is an innocent party. The involvement is based on the contractual relationship of indemnification. If an insurance company does not wish to indemnify for punitive damages, then it should specifically exclude such coverage in the policy. In the absence of such a specific exclusion, …
Book Review, Joseph Stearns
Book Review, Joseph Stearns
Cleveland State Law Review
Reviewing Howard L. Oleck, Non-profit Corporations, Organizations and Associations, 2d.ed., Prentice Hall Inc., 1965