Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Absolute duty (1)
- Accident (1)
- Allurement turntable cases (1)
- Attractive nuisance (1)
- Attractive nuisance (1)
-
- Automobile passenger (1)
- Beneficiaries (1)
- Business injuries (1)
- Certified public accountants (1)
- Charitable immunity (1)
- Claim of right (1)
- Common nuisance (1)
- Conflicts of interest (1)
- Court records (1)
- Damage award (1)
- Damages (1)
- Delinquency (1)
- Duty of care (1)
- Earning capacity (1)
- Executor (1)
- False written statement (1)
- Fiduciary relation (1)
- Gift of proceeds (1)
- Goodwill (1)
- Guest-host relation (1)
- Headlines (1)
- Hearing impariment (1)
- Immunity doctrine (1)
- Industrial noise (1)
- Insurance (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Newspaper Libel, Marcus D. Gleisser
Newspaper Libel, Marcus D. Gleisser
Cleveland State Law Review
Cases to be cited below in this article will show that libel's line of danger in many instances is vague even to legal experts with specialized training and ample time for research and meditation. For journalists in their ceaseless race against time, and harried by competition, perforce relying on many sources for valuable information, the phantom of libel can be most troublesome.
Wrongful Death Acts Compared Briefly, Robert J. Sawyer
Wrongful Death Acts Compared Briefly, Robert J. Sawyer
Cleveland State Law Review
The right of action for wrongful death was not seriously considered by the common law courts until 1846. It has not been given protection by most of our state constitutions despite the fact that the Federal Constitution has guaranteed life, liberty, and the pursuit of happiness. However, most states have enacted "Wrongful Death" statutes to allow protection to their inhabitants. In order for the next of kin to damages in a Wrongful Death action, there must be shown a relationship to the deceased. The fact must be established that there was an interest akin to insurable interest in the deceased, …
Book Review, Marcella Matejka
Book Review, Marcella Matejka
Cleveland State Law Review
Reviewing Agent's and Buyer's Guide: the Survey Handbook, National Underwriter Company, 1956
A. H. Dudnik Dedication, Cleveland-Marshall Law Review
A. H. Dudnik Dedication, Cleveland-Marshall Law Review
Cleveland State Law Review
Phootgraph of A.H. Dudnik and dedication, Law Review Board and Administration
Practice Of Taxation: Accountants Vs. Attorneys, Orville J. Weaver
Practice Of Taxation: Accountants Vs. Attorneys, Orville J. Weaver
Cleveland State Law Review
What constitutes the illegal or unauthorized practice of law by accountants in their tax practice? The popular conception of the practice of law is the appearance in courts by attorneys. This may be a very small part of the average attorney's law practice. he spends most of his time in determining his clients' legal problems other than in court. So the unauthorized practice of law concerns itself with activities of persons, other than lawyers, who give legal advice to clients in connection with the practice of their professions. Accountants have prepared federal income tax returns, and returns for various state …
Taxable Status Of Business Tort Recoveries, Marvin I. Kelner
Taxable Status Of Business Tort Recoveries, Marvin I. Kelner
Cleveland State Law Review
More neglected perhaps than any other area of tax law that comes to the attention of the practicing lawyer is the taxability of damages. Damages, of course, represent the largest class of relief sought in the courts. This discussion will be limited to the taxable status of recoveries received from business torts, an area of much controversy today.
Instructions On Taxes In Personal Injury Suits, Lloyd J. Fingerhut
Instructions On Taxes In Personal Injury Suits, Lloyd J. Fingerhut
Cleveland State Law Review
The Internal Revenue Code enacted in 1954 has continued the 1939 Code provision of law that damages received, whether by suit or agreement, for personal injuries or sickness, are exempt from the Federal income taxation, by providing that such awards are specific exclusions from gross income. In light of this, many defense attorneys engaged in suits of such nature are asking the courts to instruct the jury of such provision, or in their closing arguments mentioning the same. The introduction of the provision in closing arguments has been the cause of many appeals and subsequent reversals due to prejudicial error.
Industrial Noise Causing Acoustic Trauma, Heinz Gasser
Industrial Noise Causing Acoustic Trauma, Heinz Gasser
Cleveland State Law Review
Is acoustic trauma an accident, and do the Workmen's Compensation Statutes thus save the employer from being sued in Common Law? Or is it considered an occupational disease, and thus not within the Acts?
Hospital Tort Liability, Aaron Jacobson
Hospital Tort Liability, Aaron Jacobson
Cleveland State Law Review
Public Benefit Activities of a hospital, university or welfare agency have been looked upon with special favor by the law for many decades-a genuine kind of legalistic paternalism. They being institutions of beneficent motive, the policy of the judiciary has been to aid them through notable departures from the rules. Arguments to the contrary met a stone wall of "public policy." One such departure is exemplified in the immunity from liability for the tortious conduct of their employees that hospitals have enjoyed. Thus, a patient injured through negligence while in the care of a hospital often had no recourse, no …
Oath Of Office, William F. Burns
Oath Of Office, William F. Burns
Cleveland State Law Review
An "oath" is declared to be the calling upon God to witness that what is said by the person sworn is true. It includes an affirmation and embraces every method whereby the conscience of a witness is obligated to testify to the truth. The contents of an oath may vary according to the conditions existing at the time the person is sworn. Generally speaking no particular form of words is necessary. In many instances, however, the Ohio code provides what the oath shall contain. These provisions are mandatory and the language of the statute must be strictly adhered to.
Nuisance In A Nutshell, Howard L. Oleck
Nuisance In A Nutshell, Howard L. Oleck
Cleveland State Law Review
Nuisance is a word, and a legal phenomenon, of vague and conflicting nature. It refers to a liability rather than to an act. This article essays to summarize the modern law of nuisance, briefly, and without detailed attempts to indicate the latest points of evolution of the law on the subject.
Welfare And Social Progress In The Prevention And Treatment Of Juvenile Delinquency, William F. Burns
Welfare And Social Progress In The Prevention And Treatment Of Juvenile Delinquency, William F. Burns
Cleveland State Law Review
Juvenile delinquency is a subject on which many papers might be written from different points of view and approaches. The study enters a field of social science, knowledge and organization in which a tremendous body of scientific information has developed during recent years. Universities, training schools for social workers, and numerous other agencies have shown an ever increasing interest in the study of the problem of the child. Because of this, a better understanding of both the child and his behaviour is much more possible than ever before.
Basic Principles Underlying Duty Of Loyalty, Earl R. Hoover
Basic Principles Underlying Duty Of Loyalty, Earl R. Hoover
Cleveland State Law Review
When the nation's 25th and 47th largest banks, The Union Trust Co. and the Guardian Trust Co. of Cleveland, cracked up in 1933, Ohio's Supreme Court cracked down on the violation of an old but little known rule of fiduciary law: the duty of undivided loyalty. Airing of the principles underlying the rule seems warranted. The rule necessarily is harsh, almost iron-clad. Defenses are few. A defendant inevitably cries on the court's shoulder the same old discredited excuses. Unless the court understands the reasons for the rule, such tears may sway it. Because violation is so costly, a client needs …
Pre-Trial In The Courts: An Opinion, Aaron Jacobson
Pre-Trial In The Courts: An Opinion, Aaron Jacobson
Cleveland State Law Review
No claim is made, it is true, that pre-trial is the panacea for what ail the courts. But in adopting it, there seems to have been a haste which has bypassed the usual introspective examination characteristic of our judiciary. A critical examination, as seen by this writer, would take the form of two broad questions: One- Is pre-trial, viewed in the overall perspective of the administration of justice, a healthy additive to the courts? Two- If so, is it an end in itself, or is it simply one of a number of modernizing influences, without all of which it remains …
Effects Of Sole Gift Of Proceeds With No Disposition Of Corpus, Phillip H. Marshall
Effects Of Sole Gift Of Proceeds With No Disposition Of Corpus, Phillip H. Marshall
Cleveland State Law Review
What is the effect of an absolute devise of "proceeds" or "income" of the corpus of an estate where, under a general devise, words clearly importing the creation of a fee simple estate as to the corpus are lacking and there is no express or implied power of sale? More particularly we shall consider the above in the following circumstances:(1) When in the will there is contained an absolute gift of "proceeds" of the corpus; (2) A gift of "proceeds" of the corpus followed by limitation upon the corpus; and (3) Where under a bequest of "proceeds" along with creation …
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Is The Attractive Nuisance Doctrine Outmoded, Robert M. Debevec
Cleveland State Law Review
The history of the "attractive nuisance" rule shows that it stemmed from the turntable cases because the courts felt that an owner of a contrivance of this nature was negligent in not keeping it locked when he realized that small children would play on it. From this shaky proposition of law was built the even shakier structure of the "attractive nuisance." There was no longer any question of the owner failing to repair a lock on a turntable, but the mere fact that the instrumentality or appliance was there became enough to find the owner liable towards trespassing children. The …
Guest-Host Relation Termination After Beginning Of Journey, Donald Friborg
Guest-Host Relation Termination After Beginning Of Journey, Donald Friborg
Cleveland State Law Review
Can an automobile guest-host relation terminate en route after the beginning of the journey? In the few cases where this question has been raised, the fact situations usually have contained common characteristics. They often have involved: 1. An initial guest-host relation, 2. Careless or negligent driving on the part of the operator, 3. A demand to be let out of the car by the guest, 4. The ignoring of, or refusal to recognize the validity of such demand by the driver, 5. A subsequent accident resulting in injuries to the guest.