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Kentucky Law Survey: Civil Procedure, William H. Fortune

Law Faculty Scholarly Articles

This article provides a survey of civil procedure developments in the Commonwealth of Kentucky. The most significant civil procedure case decided by the Kentucky Court of Appeals during the period covered by this Survey is Nazareth Literary and Benevolent Institution v. Stephenson. That case, which deals with discovery of privileged communications, may have created problems that will require legislative action. Other decisions by the Court during this period serve to illustrate and amplify existing procedural points. The more important of these decisions will be briefly discussed prior to the consideration of Stephenson.

A Jury Experiment Reanalyzed, Shari Seidman Diamond

University of Michigan Journal of Law Reform

Researchers in the behavioral sciences have watched with some pride as the courts have given increased attention to social science studies. Judicial interest in empirical studies is a desirable development but one not quite free of danger. The courts are not yet fully accustomed to dealing critically with such evidence. The United States Supreme Court ruled recently, in Colgrove v. Battin, that six-member juries in civil cases meet the seventh amendment requirement of trial by jury. This decision was not surprising in light of Williams v. Florida, in which the Court ruled that six jurors were sufficient to …

Voir Dire Examination As To Fundamental Rules Of Law, Byron F. Martin Iii

Louisiana Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Jurisdictions Unless Displacing That Law Advances Forum State's Substantive Law Purposes Without Impeding Interstate Relations or Predictability of Result

Plaintiff, an Ontario domiciliary, brought an action in New York for the wrongful death of her husband, also a domiciliary of Ontario,who was killed in a collision in that province' while a passenger in an automobile driven by defendant's intestate, a New York domiciliary. Defendant pleaded as an affirmative defense the Ontario guest statute, which restricts a guest's recovery to damages for injuries sustained only as a …

An Empirical Study Of Six And Twelve-Member Jury Decision-Making Processes, Joan B. Kessler

University of Michigan Journal of Law Reform

This article employs the techniques of the social sciences in testing a legal proposition. After setting forth the hypotheses and methodology utilized by the experiment discussed herein, it presents the results obtained by examining the deliberations of different-sized juries concerning the same civil litigation. This article does not purport to be definitive; it does, however, attempt to indicate one methodology of interdisciplinary research which can be undertaken and the utility of this research to both the social sciences and the legal profession.

Six-Member And Twelve-Member Juries: An Empirical Study Of Trial Results, Lawrence R. Mills

University of Michigan Journal of Law Reform

The most convincing basis for criticism of the Supreme Court's conclusion that there is "no discernible difference" between the results reached by the six-member juries and those reached by the twelve-member juries would be empirical data suggesting a contrary conclusion. A recent study by the Institute of Judicial Administration comparing twelve-member and six-member juries in over 650 civil cases in New Jersey courts disclosed less than a two percentage-point difference between the respective percentages of verdicts rendered for plaintiffs by the two different-sized juries. The same study seemed to indicate that the damage awards in twelve-member jury cases were higher …

Statistical Studies Of The Costs Of Six-Man Versus Twelve-Man Juries, William R. Pabst Jr.

William & Mary Law Review

No abstract provided.

The Constitutionality Of Excluding Young People From Jury Service

Washington and Lee Law Review

No abstract provided.

Voter Registration Lists: Do They Yield A Jury Representative Of The Community, Fred A. Summer

University of Michigan Journal of Law Reform

The passage of the Federal Act was primarily a response to the inability of the prevailing jury selection process to achieve the goal of a representative jury. The Act requires that voter registration lists be used as the primary source of names for jury selection in federal courts. A similar provision applicable to state courts is included in the Uniform Jury Selection and Service Act, adopted by the Conference of Commissioners on Uniform State Laws in 1970.6 This article will examine the rationale and effectiveness of the use of voter registration lists as a means of achieving the goal of …

Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green

Articles

THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …

Judicial Protection Of The Criminal Defendant Against Adverse Press Coverage, John E. Stanga Jr.

William & Mary Law Review

No abstract provided.

Reducing The Size Of Juries, David M. Powell

University of Michigan Journal of Law Reform

In recent years, court dockets have become increasingly congested. The resulting delays place a great burden both on civil litigants and on the criminally accused who often await trial for more than two years. In responding to this problem, jurists have focused on trial by jury and have typically suggested modifications of two types: either limiting access to juries by litigants, or increasing the efficiency of the juries themselves. Some critics have even contended that the anachronistic procedure of jury trials is such an undue burden on the judicial system that it should be abolished in the interest of efficient …

The Effect Of Jury Size On The Probability Of Conviction: An Evaluation Of Williams V. Florida, David F. Walbert

Case Western Reserve Law Review

No abstract provided.

Disposition Of Witherspoon-Type Cases, Larry C. Becnel

Louisiana Law Review

No abstract provided.

American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial

The News And The Accused, Lawrence W. Schad

University of Michigan Journal of Law Reform

The author believes that the Reardon Standards, if implemented, would provide an effective solution to the problem of prejudicial information, and that this potential can be best realized through adoption and enforcement of the Standards by the courts. This conclusion is based upon analysis of the following issues: (1) The nature of the problem, including an examination of (a) the nature of prejudicial information, (b) those who create the problem either by initially releasing or subsequently disseminating such information, and (c) the related effect of courtroom procedure upon the impact of such information. An analysis of these issues suggests …

Prospective Jurors And Capital Punishment, H. Alston Johnson Iii

Louisiana Law Review

No abstract provided.

Recent Decisions: Criminal Law--Right To Jury Trial In Contempt Proceedings--Applied To The States [Bloom V. Illinois, 391 U.S. (1968)], Lawrence B. Litwin

Case Western Reserve Law Review

No abstract provided.

The Precedent Value Of Conclusions Of Fact In Civil Cases In England And Louisiana, David W. Robertson

Louisiana Law Review

No abstract provided.

Jury Trial In Louisiana - Implications Of Duncan, Judith M. Arnette

Louisiana Law Review

No abstract provided.

Gleisser: Juries And Justice, Charles S. Desmond

Michigan Law Review

A Review of Juries and Justice by Marcus Gleisser

The Development Of The Right Of Assembly - A Current Socio-Legal Investigation, George P. Smith Ii

William & Mary Law Review

No abstract provided.

The Petit Jury In Virginia

Washington and Lee Law Review

No abstract provided.

The American Jury, By Harry Kalven, Jr. And Hans Zeisel

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Equal Protection - Systematic Inclusion In Jury Selection, John T. Cox Jr.

Louisiana Law Review

No abstract provided.

Jury Trial Of Crimes, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.

Preservation Of The Civil Jury System, Stanley E. Sacks

Washington and Lee Law Review

No abstract provided.

Racial Discrimination - Systematic Exclusion In Jury Selection, Byron Kantrow Jr.

Louisiana Law Review

No abstract provided.

Right To Jury Trial Of Legal Issues In Diversity Suits, Edward Kancler

Case Western Reserve Law Review

No abstract provided.

Control Over The Jury Verdict In Louisiana Criminal Law, Ralph Slovenko

Louisiana Law Review

No abstract provided.