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Articles 1 - 28 of 28
Full-Text Articles in Law
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
West Virginia Law Review
No abstract provided.
Federal Procedure- Pre-Trail Disclosures- Sanctions Available To Enforce Pre-Trial Orders, John M. Price
Federal Procedure- Pre-Trail Disclosures- Sanctions Available To Enforce Pre-Trial Orders, John M. Price
Michigan Law Review
Petitioner, plaintiff in an action in federal district court, was ordered under Federal Rule 16 to submit pre-trial statements setting out the facts of the case, his damages, his witnesses and exhibits, and his legal theories of recovery. His counsel filed statements which were adjudged insufficient, and a pre-trial order was entered precluding petitioner from offering at trial any testimony by witnesses other than himself and his wife, or any evidence concerning liability in negligence or breach of warranty, and limiting his exhibits and evidence of damages. On petition for mandamus to set aside the preclusion order, held, granted, …
Instructing A Jury In Washington, Lloyd L. Wiehl
Instructing A Jury In Washington, Lloyd L. Wiehl
Washington Law Review
One of the most burdensome, time-consuming and vexing aspects of a jury trial is the preparation of jury instructions. Several matters in the area of instructions are particularly troublesome in Washington, and the purpose of this article is to analyze some of them, point out certain pitfalls, and make certain suggestions, with emphasis on simplification and standardization.
Civil Procedure—Due Process Requirement Of Actual Notice To Commence Period Of Limitation In Which To Demand A Jury Trial, Joseph S. Mogavero
Civil Procedure—Due Process Requirement Of Actual Notice To Commence Period Of Limitation In Which To Demand A Jury Trial, Joseph S. Mogavero
Buffalo Law Review
In re Coates, 9 N.Y.2d 242, 213 N.Y.S.2d 74 (1961).
Civil Procedure—Relationship Between Vouching In And Impleader, Miles A. Lance
Civil Procedure—Relationship Between Vouching In And Impleader, Miles A. Lance
Buffalo Law Review
Glens Falls Insurance Co. v. Wood, 8 N.Y.2d 409, 208 N.Y.S.2d 978 (1950).
Civil Procedure—Service Of Subpoena Upon Foreign Corporation Upheld, Donald P. Simet
Civil Procedure—Service Of Subpoena Upon Foreign Corporation Upheld, Donald P. Simet
Buffalo Law Review
LaBelle Creole Intern., S.A., v. Attorney General, 10 N.Y.2d 192, 219 N.Y.S.2d 1 (1961).
Civil Procedure—Death On The High Seas Act Held To Confer Concurrent Jurisdiction, Buffalo Law Review Board
Civil Procedure—Death On The High Seas Act Held To Confer Concurrent Jurisdiction, Buffalo Law Review Board
Buffalo Law Review
Ledet v. United Aircraft Corp., 10 N.Y.2d 258, 219 N.Y.S.2d 245 (1961).
Book Review Of Civil Practice In Municipla And Country Courts, Shannon T. Mason Jr.
Book Review Of Civil Practice In Municipla And Country Courts, Shannon T. Mason Jr.
William & Mary Law Review
No abstract provided.
Pleading, Practice, And Procedure, C. David Sheppard
Pleading, Practice, And Procedure, C. David Sheppard
Washington Law Review
Covers cases on the abolition of the show cause order.
The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green
The Next Step: Uniform Rules For The Courts Of Appeals, Milton D. Green
Vanderbilt Law Review
The adoption of the Federal Rules of Civil Procedure in 1938 maybe regarded as one of the great landmarks of procedural reform in the United States. The many innovations and improvements over prior practice which were effected are well known. Not the least of these was the achievement of uniformity of procedure in all of the federal district courts of the United States, replacing the chaotic confusion which had existed under the Conformity Act.' Although the Federal Rules were addressed primarily to practice and procedure in the district courts, they also dealt with certain aspects of appellate practice. This was …
Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver
Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver
West Virginia Law Review
No abstract provided.
Rules Of Civil Procedure--Interposing Counterclaim--Effect On Venue And Jurisdiction, Frederick Luther Davis Jr.
Rules Of Civil Procedure--Interposing Counterclaim--Effect On Venue And Jurisdiction, Frederick Luther Davis Jr.
West Virginia Law Review
No abstract provided.
Transfer Of Civil Actions Under 28 U.S.C. § 1404(A)
Transfer Of Civil Actions Under 28 U.S.C. § 1404(A)
Indiana Law Journal
No abstract provided.
Automatic Amendment Of Pleadings: Federal And Indiana Practice
Automatic Amendment Of Pleadings: Federal And Indiana Practice
Indiana Law Journal
No abstract provided.
Jurors And The Sanctity Of Their Verdicts, Lee O'Hanlon Hill
Jurors And The Sanctity Of Their Verdicts, Lee O'Hanlon Hill
West Virginia Law Review
No abstract provided.
Presumptions: A Comment Upon Dick V. New York Life Insurance Co., Charles V. Laughlin
Presumptions: A Comment Upon Dick V. New York Life Insurance Co., Charles V. Laughlin
Washington and Lee Law Review
No abstract provided.
Appellate Review Of Judgment Notwithstanding The Verdict
Appellate Review Of Judgment Notwithstanding The Verdict
Washington and Lee Law Review
No abstract provided.
Interlocutory Appellate Review Via Extraordinary Writ, Bennett Feigenbaum
Interlocutory Appellate Review Via Extraordinary Writ, Bennett Feigenbaum
Washington Law Review
The delays inherent in appellate review long have been a source of discomfort to the profession. As a result, resourceful counsel have developed all manner of practices over the years to reduce appellate delay. Among these has been the utilization of the extraordinary writ as a means of interlocutory appellate review. That such is not the normal function of the extraordinary writ either historically or logically is beyond dispute. Nevertheless, further resort to writ practice is inevitable and imminent. As the backlog in the state supreme court increases each term, the problem of delay becomes more acute, and lawyers are …
Discovery: Work Product And Good Cause Development Since Hickman V. Taylor
Discovery: Work Product And Good Cause Development Since Hickman V. Taylor
Indiana Law Journal
No abstract provided.
Collateral Estoppel As Applied To Statements Made By Attorneys At A Prior Trial Between The Same Parties, Joesph A. Matera
Collateral Estoppel As Applied To Statements Made By Attorneys At A Prior Trial Between The Same Parties, Joesph A. Matera
Maryland Law Review
No abstract provided.
Sufficient Acknowledgment Of Indebtedness To Remove Bar Of Statute Of Limitation - Doughty V. Bane, Ronald M. Naditch
Sufficient Acknowledgment Of Indebtedness To Remove Bar Of Statute Of Limitation - Doughty V. Bane, Ronald M. Naditch
Maryland Law Review
No abstract provided.
Jencks Act Construed - Palermo V. United States, David L. Bowers
Jencks Act Construed - Palermo V. United States, David L. Bowers
Maryland Law Review
No abstract provided.
Admission Of Liability, Richard H. Burgess
Admission Of Liability, Richard H. Burgess
Cleveland State Law Review
There is a great amount of resistance to the admission of liability when the slightest defense is available. Many defendants' attorneys would prefer to take the long chance of hoping for an unexpected verdict rather than admit fault and leave only the issue of damages to the jury. Surprisingly, there have actually been cases in which liability was admitted and the jury returned a verdict of no cause of action. Generally speaking, though, an admission of liability will tend to keep the damage award reasonable, but it will take away the slight possibility of an unexpected defendant's verdict.
Recent Ohio Procedure Changes, Lee E. Skeel
Recent Ohio Procedure Changes, Lee E. Skeel
Cleveland State Law Review
It might be well to begin by giving consideration to the recent cases dealing with appellate procedure, before considering statutory changes. The questions of when a motion for new trial tolls the time for giving notice of appeal, and what constitutes a final order, have been given consideration in recent cases.
Civil Procedure - Federal Jurisidiction - Federal Test Of Doing Business Determines Corporate Amenability To Service Of Process In Federal Cause Of Action, William F. Coyle
Civil Procedure - Federal Jurisidiction - Federal Test Of Doing Business Determines Corporate Amenability To Service Of Process In Federal Cause Of Action, William F. Coyle
Villanova Law Review
No abstract provided.
Selecting A Jury In Civil Trials, Forrest A. Norman
Selecting A Jury In Civil Trials, Forrest A. Norman
Cleveland State Law Review
It is probably no exaggeration to state that many cases are won or lost on the jury selection. Every lawyer is familiar with cases that were tried through to a jury verdict and following a motion or appeal, were retried to a different jury, with opposite results being reached. In many of these cases the witnesses, the testimony, and all of the facts remain the same-the only difference being in the jury and the result. Thus, the importance of the jury selection cannot be overestimated.
Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd
Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd
Cleveland State Law Review
Attorney's will agree that an injustice occurs whenever one party prevails in a court of law and another's rights are defeated but for knowledge of the relevant facts. Further, most will agree that some such injustice is inevitable in any judicial system, all such systems being subject to some degree of error. No one can deny the professional responsibility of all attorneys to work actively toward the reduction of such error. As numerous commentators have pointed out, injustice may also result from delay. It is equally the responsibility of the Bar to work toward the alleviation of that source of …
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Michigan Law Review
Personal injuries allegedly caused by the negligent manufacture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, amenable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, invoking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of summons, the plaintiff, in conformity with Arkansas statutes, …