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- St. Mary’s Law Journal (8)
- St. Mary’s University School of Law (8)
- Gulf (2)
- San Antonio (2)
- Absence of due process for welfare recipient (1)
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- Abuse of discretion standard (1)
- Admission of expert medical testimony for benefit of jury (1)
- Agriculture Insurance Company v. Dryden (1)
- Allen v. Western Alliance Insurance Co. (1)
- Applicability of due process to juvenile proceedings (1)
- Article V Section 3 of Texas Constitution (1)
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- Blakely v. Howard (1)
- Bond v. Otis Elevator Company (1)
- Bowles v. Bourdon (1)
- Brown v. Lundell (1)
- Byrne v. Boadle (1)
- C. & S. F. Railway Co. v. Wood (1)
- C. & S. F. Ry. Co. v. Harriet (1)
- Cannedy v. Reliance Insurance Company (1)
- Carlos Cadena (1)
- Charitable immunity (1)
- Charitable immunity’s scope (1)
- Coastal Coaches Inc. v. Ball (1)
- Commonwealth v. Fisher (1)
- Consolidated Rendering Co. v. State of Vermont (1)
- Criminal-civil dichotomy (1)
- Delinquency proceedings (1)
- Determination of question of fact (1)
- Development of juvenile proceedings (1)
Articles 1 - 27 of 27
Full-Text Articles in Law
In Construing Sufficient Cause Of Texas Rule Of Civil Procedure 329b(5), The Requisites For Equitable Relief In A Garnishment Default Judgment Are (1) A Meritorious Defense, (2) Lack Of Fault By Garnishee In Failing To Answer, (3) And Fraud Or Wrongful Act Of The Other Party In Preventing Garnishee From Defending The Action., Karen J. Ruble
St. Mary's Law Journal
Abstract Forthcoming.
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 …
Provisions Of Jones Act Applicable So As To Allow Recovery To Alien Seamen Injured In A United States Port On A Foreign Flag Vessel Owned And Controlled By United States Alien Domiciliaries., Raul Garcia
St. Mary's Law Journal
Abstract Forthcoming.
Payment By A Corporation To An Exempt Organization Owning 75 Percent Of The Corporation's Stock Was A Dividend Rather Than A Charitable Contribution., Barry H. Edelman
Payment By A Corporation To An Exempt Organization Owning 75 Percent Of The Corporation's Stock Was A Dividend Rather Than A Charitable Contribution., Barry H. Edelman
St. Mary's Law Journal
Abstract Forthcoming.
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.
Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine
Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine
St. Mary's Law Journal
The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects: …
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.
Residence Requirements Constitute An Invidious Discrimination Denying Applicants Equal Protection Of The Laws, Violate The Due Process Clause Of The Fifth Amendment, And Place A Chilling Effect On The Right Of Interstate Travel., Angelo P. Parker
St. Mary's Law Journal
Abstract Forthcoming.
The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson
St. Mary's Law Journal
Southern Methodist University v. Clayton limited and clarified the scope of the charitable immunity doctrine in Texas, making it the leading opinion on the doctrine’s scope as of 1943. Clayton held charitable organization are liable to an employee for injuries proximately caused by the negligence of its agents but not liable to others in absence of proof of negligence on part of charity in employing or keeping the agent. Clayton’s progenies subsequently added two refinements: a charity is liable to an injured party, if, through negligence, improper equipment for treatment or service is used and causes an injury; and the …
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, …
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 …
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.
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 …
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.
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 …
The Contested Will Case., Fred Erisman
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.
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 …
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.
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.
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.
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.
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.
Indispensable Parties., Luther H. Soules Iii
Indispensable Parties., Luther H. Soules Iii
St. Mary's Law Journal
Abstract Forthcoming.