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Articles 1 - 9 of 9
Full-Text Articles in Civil Law
Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt
Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt
Michigan Law Review
It is often said that U.S. legal culture discourages apologies. Defendants, defense counsel, and insurers worry that statements of apology will be admissible at trial and will be interpreted by jurors and judges as admissions of responsibility. In recent years, however, several legal commentators have suggested that disputants in civil lawsuits should be encouraged to apologize to opposing parties. They claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that are intended to encourage and protect apologies by making them inadmissible. In addition, some commentators argue that defendants might …
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
Michigan Law Review
The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …
Alternative Pleading: I, Roy W. Mcdonald
Alternative Pleading: I, Roy W. Mcdonald
Michigan Law Review
The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the …
Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.
Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.
Michigan Law Review
Defendant held an insurance policy written by plaintiff which by its terms covered a hangar against loss by fire. After the hangar had been destroyed by fire, plaintiff instituted this suit for reformation on the ground that the contract had been written as a fire policy through mutual mistake. Defendant denied the mistake, filed a counterclaim to recover on the policy as written, and demanded a jury trial. Plaintiff moved to strike the demand, and the motion was granted. The court of appeals dismissed the defendant's appeal. On certiorari, held, affirmed. Not being a final decision, the order denying …
Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.
Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.
Michigan Law Review
Plaintiff agreed to purchase land from defendant by a contract in which it was stipulated that the performance of the mechanics of purchase would be completed through a third party, Webster. Plaintiff deposited the purchase money with Webster with instructions to deliver it to defendant only after he (Webster) had, inter alia, procured a policy of title insurance. Webster absconded with the funds. In a suit to determine the incidence of loss, plaintiff sought to prove that Webster had procured the policy before he absconded and therefore held the purchase money as agent for defendant. The proof that plaintiff …
Evidence-Hearsay-Admissibility Of History Statements In Hospital Record Under Business Entries Statute, Ralph E. Hunt
Evidence-Hearsay-Admissibility Of History Statements In Hospital Record Under Business Entries Statute, Ralph E. Hunt
Michigan Law Review
Plaintiff sued for injuries allegedly resulting when the door of defendant's bus closed on plaintiff's ankle as he was attempting to board the bus, throwing him to the ground. Defendant offered in evidence, under the Uniform Business Records as Evidence Act, in effect in Delaware, hospital records containing the entry: "Patient states he twisted ankle while walking along the street." The interne who treated plaintiff and qualified the records had no independent recollection of the statement. On appeal from judgment for defendant, held, the record was properly admitted, although no witness could testify of his own memory that he …
Federal Courts-Venue-Construction Of Sections 51 And 52 Of Judicial Code, Daniel W. Reddin Iii S.Ed.
Federal Courts-Venue-Construction Of Sections 51 And 52 Of Judicial Code, Daniel W. Reddin Iii S.Ed.
Michigan Law Review
Petitioner, a resident and citizen of Mississippi, brought a negligence action based upon diversity of citizenship in the Federal District Court for the Eastern District of Louisiana, joining as defendants Highways Insurance Underwriters, a Texas corporation qualified to do business in Louisiana, and respondents, Reich Brothers Construction Co., a partnership, and its individual members, residents of the Western District of Louisiana. Respondent, Reich Brothers, moved to dismiss on the ground of improper venue under sections 51 and 52 of the Judicial Code which in effect provide that in diversity cases, suit shall be brought only in the district where either …
Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt
Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt
Michigan Law Review
Suits Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--Corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional Law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joinder of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions Reviewable; Equity--Sworn Answers as Evidence--Proof to Overcome; Evidence--Opinion Evidence in Action for Libel; Evidence--The Best Evidence Rule; Fraudulent Conveyances--Delivery and Change of Possession of …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law Review; Citizenship and Identity of Corporations Incorporated in Two States; Duty of Court to Limit by Instruction the Effect of Evidence; Land Records as Notice of Chattel Mortgage; Appeal from a Satisfied Judgment to Avoid Estoppel; When Government Surveys are not Conclusive; Jurisdiction over the Ohio River;