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Articles 2101 - 2130 of 2130
Full-Text Articles in Law
Oral Contract To Furnish Labor And Materials To Construct Houses To The Shell Homes Stage, Second Stage Of Three Stages Of F.H.A. Inspection, Was Not General Contract For Purpose Of Relation Back Of Mechanics' And Materialmen's Statutory Liens., Robert Michael Clark
St. Mary's Law Journal
Abstract Forthcoming.
The Original Writ Of Mandamus In The Supreme Court Of Texas., James R. Norvell, Ronald L. Sutton
The Original Writ Of Mandamus In The Supreme Court Of Texas., James R. Norvell, Ronald L. Sutton
St. Mary's Law Journal
Abstract Forthcoming.
Motions For Production Of Documents - Texas Style ., Eugene B. Labay
Motions For Production Of Documents - Texas Style ., Eugene B. Labay
St. Mary's Law Journal
A well-prepared motion for production of documents is important to the discovery of facts that are essential to the prosecution or defense of a civil case. Litigants may compel the opposing party to release documents, writing, and other records that are necessary to prosecute or defend a cause of action. State and federal courts in Texas encourage a liberal construction of the rules governing discovery in order to narrow the issues in dispute at trial. The state and federal courts’ approach is also premised on the moving party’s entitlement to review all documents pertinent to his case. Because of this, …
Expert Medical Testimony In Texas., Zollie Steakley
Expert Medical Testimony In Texas., Zollie Steakley
St. Mary's Law Journal
An ordinary function of the jury in our legal system is to determine questions of fact. Although issues are less difficult when common knowledge and lay judgment are adequate, the field of medicine is an area in which the jury may be assisted by expert testimony. Courts allow the admission of expert medical testimony to assist jurors to show important aspects of a case, including physical condition, the cause of injury, the effect and probable future consequences of an injury or disease, and the cause of death. However, such testimonies are not binding upon the trier of fact unless they …
Welfare, Due Process, And The Need For Change., V. Camp Cuthrell Iii
Welfare, Due Process, And The Need For Change., V. Camp Cuthrell Iii
St. Mary's Law Journal
President Franklin D. Roosevelt spoke of a “social duty” owed by the government to those unfortunate citizens who strive to maintain themselves but cannot. However, the nature of “social duty” remains ambiguous and unclarified today. The failure to define its nature has caused much of the confusion surrounding welfare law today. Specifically, the confusion has resulted in a wide judicial continuity regarding the weight given to the recipient's interest in welfare payments that ranges from stating that the interest may be sufficient to enjoin the Secretary of Health, Education, and Welfare from freezing state funds to stating that this interest …
Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.
Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Supreme Court Of Texas Is Without Jurisdiction To Grant A Writ Of Mandamus To Direct A District Judge To Dismiss An Indictment In A Criminal Case On The Ground That Relator Was Denied A Speedy Trial., John A. Pizzitola
St. Mary's Law Journal
Abstract Forthcoming.
Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein
Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein
St. Mary's Law Journal
Abstract Forthcoming.
Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper
Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper
St. Mary's Law Journal
Abstract Forthcoming.
To Insure Due Process And Equal Protection, Such Facts As Are Necessary To Adjudicate A Child Delinquent Must Be Proved Beyond A Reasonable Doubt Rather Than By A Preponderance Of The Evidence., G. P. Hardy Iii
St. Mary's Law Journal
Abstract Forthcoming.
Due Process And The Juvenile Offender., Carlos Cadena
Due Process And The Juvenile Offender., Carlos Cadena
St. Mary's Law Journal
For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …
Indispensable Parties., Luther H. Soules Iii
Indispensable Parties., Luther H. Soules Iii
St. Mary's Law Journal
Abstract Forthcoming.
The Contested Will Case., Fred Erisman
Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr.
Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr.
St. Mary's Law Journal
Writs of habeas corpus, anchored both in the common law and Constitution of Texas, are vitally important to secure the freedom of those wrongfully imprisoned. However, minimal literature on the subject exists to assist attorneys who must prepare and present an application for writ of habeas corpus to the Supreme Court of Texas. To address the gap in literature, this article lays out the process attorneys should follow when filing a writ of habeas corpus. The most important items which should be brought before the Court are: (1) a motion for leave to file the application; (2) the application for …
Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr.
Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr.
St. Mary's Law Journal
The Texas Workmen’s Compensation Act works to protect employees against the risk or hazard of performing their job and compensates that employee for injuries sustained in the course of employment. In 1957, after an increasing number of travel-oriented injuries involving scope of employment, the legislature amended the Act to limit judicial interpretation. This amendment added subsection b to section 1 of article 8309 to clarify the rules created from recent caselaw. Section 1b reconciled and enumerated four exceptions to the common law rule that an injury which occurs during the use of public streets or highways while traveling to and …
A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick
A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick
St. Mary's Law Journal
Abstract Forthcoming.
Miranda Warning Held Inapplicable To Tax Fraud Investigations In Absence Of Custodial Atmosphere., G. E. Wilcox Jr.
Miranda Warning Held Inapplicable To Tax Fraud Investigations In Absence Of Custodial Atmosphere., G. E. Wilcox Jr.
St. Mary's Law Journal
Abstract Forthcoming.
The Two Year Statute Of Limitations Is Tolled By The Defendant's Absence From The State After The Accrual Of The Action, Notwithstanding The Availability Of A Statute Providing For Substitute Service Of Process., Joe M. Westheimer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Federal Statute Of Limitations Not Tolled Pending Settlement Of Workmen's Compensation Claim., Stanley R. Baker
Federal Statute Of Limitations Not Tolled Pending Settlement Of Workmen's Compensation Claim., Stanley R. Baker
St. Mary's Law Journal
Abstract Forthcoming.
Illegitimate Children Have A Right Equal With That Of Legitimate Children To Require Support By Their Father., Miles J. Mullin
Illegitimate Children Have A Right Equal With That Of Legitimate Children To Require Support By Their Father., Miles J. Mullin
St. Mary's Law Journal
Abstract Forthcoming.
Manufactured Diversity Of Citizenship By Which An Out-Of-State Guardian Was Selected To Prosecute The Suit Of A Resident Minor, Did Not Constitute An Adequate Foundation For Federal Jurisdiction., Dennis J. Healey
St. Mary's Law Journal
Abstract Forthcoming.
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson
St. Mary's Law Journal
This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …
The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau
The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau
St. Mary's Law Journal
Providing for probate court jurisdiction to accommodate all types of probate issues would lead to a more efficient probate system in terms of cost, time, and judicial economy. However, the constitutional and statutory constraints establish serious limits on probate jurisdiction. The 1973 legislature adopted a major revision to section 5 of the Probate Code to simplify and clarify probate jurisdiction by reorganizing the probate court system. In the four subsequent revisions to section 5 of the Probate Code, the issue of whether to distinguish the phrases “appertaining to an estate” and “incident to an estate” arose. These subsequent amendments continued …
Community Entitled To Reimbursement For Enchanced Value Of Separately Owned Corporate Stock., Gregory L. Watkins
Community Entitled To Reimbursement For Enchanced Value Of Separately Owned Corporate Stock., Gregory L. Watkins
St. Mary's Law Journal
Abstract Forthcoming.
State Jurisdiction In Divorce Actions Involving A Non-Resident Spouse., Linda Bustamente Specht
State Jurisdiction In Divorce Actions Involving A Non-Resident Spouse., Linda Bustamente Specht
St. Mary's Law Journal
Abstract Forthcoming.
The 1983 Revision Of The Texas Mental Health Code., George E. Dix
The 1983 Revision Of The Texas Mental Health Code., George E. Dix
St. Mary's Law Journal
Abstract Forthcoming.
Church And State - The Mandate Of The Establishment Clause: Wall Of Separation Or Benign Neutrality., William J. Cornelius
Church And State - The Mandate Of The Establishment Clause: Wall Of Separation Or Benign Neutrality., William J. Cornelius
St. Mary's Law Journal
Instead of continuing down the path of confusing, contradictory, and inconsistent nonestablishment clause decisions, the Court should opt for a new approach—benign neutrality. The Court currently follows one of three general approaches when deciding nonestablishment clause issues—Wall of Separation theory, Strict Neutrality theory, or the Accommodation theory. None of these three approaches has led to any clear standards or principles. The Wall of Separation theory has been argued to be the most historically accurate representation of the Framer’s intent, but that is inaccurate. Instead, the Framers pursued religious freedom instead of complete separation in order to partially avoid usurpation by …
Adminsitrative Law: Journey Through The Administrative Process And Judicial Review Of Administrative Actions., William H. Chamblee
Adminsitrative Law: Journey Through The Administrative Process And Judicial Review Of Administrative Actions., William H. Chamblee
St. Mary's Law Journal
Abstract Forthcoming.
Discount Brokerage Services, The Glass-Steagall Act, And Branch Banking In Texas., Scott D. Osborn
Discount Brokerage Services, The Glass-Steagall Act, And Branch Banking In Texas., Scott D. Osborn
St. Mary's Law Journal
Abstract Forthcoming.
An Employer Has A Duty As A Reasonably Prudent Employer To Exercise Control Over An Intoxicated Employee In Order To Prevent Unreasonable Risk Of Harm To Others., M. Jennifer Osment
An Employer Has A Duty As A Reasonably Prudent Employer To Exercise Control Over An Intoxicated Employee In Order To Prevent Unreasonable Risk Of Harm To Others., M. Jennifer Osment
St. Mary's Law Journal
Abstract Forthcoming.