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Articles 1 - 30 of 45
Full-Text Articles in Civil Procedure
Frivolous Action Filings In California Courts, California Research Bureau
Frivolous Action Filings In California Courts, California Research Bureau
California Agencies
No abstract provided.
Economics And The Evolution Of Non-Party Litigation Funding In America: How Court Decisions, The Civil Justice Process, And Law Firm Structures Drive The Increasing Need And Demand For Capital, Fiona Mckenna, Alan L. Zimmerman, Daniel J. Bush, Cheryl Kaufman
Economics And The Evolution Of Non-Party Litigation Funding In America: How Court Decisions, The Civil Justice Process, And Law Firm Structures Drive The Increasing Need And Demand For Capital, Fiona Mckenna, Alan L. Zimmerman, Daniel J. Bush, Cheryl Kaufman
Publications
This paper views civil litigation initiated by a party seeking money damages through the lens of the underlying economics that impact the civil justice system's ability to achieve fair outcomes. It examines how access to capital has impacted the functioning of civil justice in the United States.
A Cc-Pain: Abuse Of C.C.P. § 170.6 Peremptory Challenges, Erik Faussner
A Cc-Pain: Abuse Of C.C.P. § 170.6 Peremptory Challenges, Erik Faussner
GGU Law Review Blog
No abstract provided.
Resolving Arbitrability, Jon H. Sylvester
Civil Procedure, Jack H. Friedenthal
Civil Procedure, Jack H. Friedenthal
Cal Law Trends and Developments
One of the more important recent developments in California procedural law is the enactment of an entirely new set of provisions dealing with personal jurisdiction and service of process. The new procedure is effective July 1, 1970, and will alter substantially a number of current practices.
Civil Procedure, Jack H. Friedenthal
Civil Procedure, Jack H. Friedenthal
Cal Law Trends and Developments
In 1965 the legislature amended Code of Civil Procedure section 657, which concerns the procedure for granting a new trial. In Mercer v. Perez and Treber v. Superior Court the supreme court interpreted the new provisions and attempted to clarify them. Subsequently, a number of related cases were decided in the courts of appeal. Together these cases involve important changes in the practice regarding new trials.
Civil Procedure, Stephen A. Weiner
Civil Procedure, Stephen A. Weiner
Cal Law Trends and Developments
During the 1966-1967 period under scrutiny, California appellate courts rendered a multitude of decisions in the field of civil procedure, the most significant of which are discussed below by topics.
Civil Procedure - Rule 11 Sanctions Revisited: Townsend V. Holman Consulting Corporation, Annette M. Wilson
Civil Procedure - Rule 11 Sanctions Revisited: Townsend V. Holman Consulting Corporation, Annette M. Wilson
Golden Gate University Law Review
This article examines the Townsend decision and its interpretation and application of Rule 11 sanctions. It further examines the development of Rule 11 sanctions in light of the liberal pleading standards introduced with the advent of the Federal Rules in 1938. Finally, the article reviews the criticisms and comments leveled at Rule 11, and speculates on its future and its impact on federal court litigation.
Civil Procedure - White V. Mcginnis: The Ninth Circuit Expands Civil Jury Trial Waiver, Herber Carlton Leney Jr.
Civil Procedure - White V. Mcginnis: The Ninth Circuit Expands Civil Jury Trial Waiver, Herber Carlton Leney Jr.
Golden Gate University Law Review
In White v. McGinnis, the Ninth Circuit held that a civil litigant's knowing participation in a bench trial without objection constituted waiver of a timely jury demand. This case overruled Palmer v. United States in which the Ninth Circuit determined that acquiesence to a bench trial did not constitute waiver of a jury trial demand. This article will examine the Ninth Circuit's rejection of the literal statutory language of civil jury trial waiver under Rules 38(d) and 39(a) of the Federal Rules of Civil Procedure.
Civil Procedure - Townsend V. Holman Consulting Corp.: Rule 11 Sanctions, Ignorance Or Vigorous Litigation Is No Excuse, Donna H. Mullen
Civil Procedure - Townsend V. Holman Consulting Corp.: Rule 11 Sanctions, Ignorance Or Vigorous Litigation Is No Excuse, Donna H. Mullen
Golden Gate University Law Review
In a unanimous en banc ruling, the Ninth Circuit Court of Appeals, in Townsend v. Holman Consulting Corp., held that an attorney may be sanctioned under Rule 11 of the Federal Rules of Civil Procedure for a partially frivolous pleading. The court rejected the argument that the pleadings could not be the subject of sanctions because they also included non-frivolous requests for relief. Prior Ninth Circuit decisions had permitted imposition of Rule 11 sanctions only when the pleading as a whole was frivolous. This decision expands attorney liability under Rule 11 and vacates an earlier panel decision of the Ninth …
Litigating Incest Torts Under Homeowner's Insurance Policies, Christine Cleary
Litigating Incest Torts Under Homeowner's Insurance Policies, Christine Cleary
Golden Gate University Law Review
This Comment will address insurers' liability for incest torts under standard homeowner's insurance policies. It primarily will examine potential liability in light of the intentional act and household exclusions which are typically contained in homeowner's policies.
Gender Issues And The Prosser, Wade And Schwartz Torts Casebook, Carl Tobias
Gender Issues And The Prosser, Wade And Schwartz Torts Casebook, Carl Tobias
Golden Gate University Law Review
The first section of the piece affords a general examination of many aspects of the Prosser casebook that involve issues of gender. This overview should enhance the understanding of readers, especially those persons not accustomed to thinking consciously in terms of gender, while providing a setting for the specific assessment in the second segment of the paper. That section explores how issues implicating gender can arise in the classroom context of learning and teaching from Prosser's materials on affirmative causes of action for intentional torts to persons and privileges to those torts. The final part reflects on the future of …
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Adult Adoption: A "New" Legal Tool For Lesbians And Gay Men, Peter N. Fowler
Golden Gate University Law Review
This Comment explores the current statutory framework for adult adoption, the parameters of the legal relationship created, and the scope of the right to privacy issues involved in the exercise of this statutory right. In addition, possible motives individuals may have for utilizing adult adoption, the need for attorneys to identify potential problem areas for their clients, and the potential disadvantages of such a legal relationship, particularly with respect to the dynamics of the individuals' relationship, are discussed.
The Role Of Expert Witnesses In German And U.S. Civil Litigation, Sven Timmerbeil
The Role Of Expert Witnesses In German And U.S. Civil Litigation, Sven Timmerbeil
Annual Survey of International & Comparative Law
The U.S. and German civil trial systems differ not only in many details but also regarding their fundamentals. The U.S. civil trial system seems to be basically a battle of the parties in which the lawyers are protagonists and warlords. The judge has most often only a passive role. In contrast, in German civil litigation, the judge generally has a very active role. The judge controls the proceedings, examines the witnesses and is always the decision maker. Other differences include the lack of pre-trial discovery in Germany and the important role of court experts in German civil litigation. Due to …
The 'Offer Of Judgment' Rule In Employment Discrimination Actions: A Fundamental Incompatibility, Maureen Malvern
The 'Offer Of Judgment' Rule In Employment Discrimination Actions: A Fundamental Incompatibility, Maureen Malvern
Golden Gate University Law Review
No abstract provided.
Small Claims Legislation: A Legislative Proposal Concerning California Small Claims Courts, David V. Ainsworth, John Brennan, Cyril Lawrence, David Neal
Small Claims Legislation: A Legislative Proposal Concerning California Small Claims Courts, David V. Ainsworth, John Brennan, Cyril Lawrence, David Neal
Golden Gate University Law Review
No abstract provided.
A Cinderella Story: ‘Judicial Cooperation In Civil Matters’ Meets The Prince. Review Article Of Eva Storskrubb, Civil Procedure And Eu Law: A Policy Area Uncovered, Helen E. Hartnell
A Cinderella Story: ‘Judicial Cooperation In Civil Matters’ Meets The Prince. Review Article Of Eva Storskrubb, Civil Procedure And Eu Law: A Policy Area Uncovered, Helen E. Hartnell
Publications
No abstract provided.
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Publications
This article examines how a majority of the Supreme Court went out of its way to vacate a punitive damages award in Philip Morris and further reinforced the inconsistency with which it applies the principle of proportionality. When it comes to punitive damages awards, a majority of Justices continue to convey distrust of juries and of trial and appellate court judges who review these awards. However, when it comes to terms of imprisonment, the Court has eschewed substantive review under the Eighth Amendment while insisting that the Sixth Amendment requires that all facts supporting an increase in a sentence be …
When Is A Court "Punishing" Out-Of-State Conduct Rather Than Merely "Considering" Such Conduct?, Rachel A. Van Cleave
When Is A Court "Punishing" Out-Of-State Conduct Rather Than Merely "Considering" Such Conduct?, Rachel A. Van Cleave
Publications
No abstract provided.
Small Claims, Assembly Committee On Judiciary
Small Claims, Assembly Committee On Judiciary
California Assembly
No abstract provided.
Statute Of Limitations In Civil Conspiracies, Assembly Committee On Judiciary
Statute Of Limitations In Civil Conspiracies, Assembly Committee On Judiciary
California Assembly
No abstract provided.
Special Appearance In California - The Need For Reform, John A. Gorfinkel
Special Appearance In California - The Need For Reform, John A. Gorfinkel
Publications
No abstract provided.
Long-Arm Jurisdiction In California Under New Section 410.10 Of The Code Of Civil Procedure, John A. Gorfinkel, Richard A. Lavine
Long-Arm Jurisdiction In California Under New Section 410.10 Of The Code Of Civil Procedure, John A. Gorfinkel, Richard A. Lavine
Publications
Subject only to the limitations prescribed by the Federal Constitution, a state legislature has the power to determine the extent to which courts of the state may exercise personal jurisdiction over absent defendants. The common law recognized only two bases of jurisdiction -presence within the state and actual consent. The additional bases approved in this century by the Supreme Court may be utilized by state courts only to the extent that state statutes permit. Hence, the states have enacted various types of long-arm statutes, all of which are designed to extend the in personam jurisdiction of state courts proportionately with …
California Gasoline Retailers V. Regal Petroleum Corp., Jesse W. Carter
California Gasoline Retailers V. Regal Petroleum Corp., Jesse W. Carter
Jesse Carter Opinions
Promotional give-away program was not a lottery for lack of consideration where tickets were widely distributed to customers and non-customers, and no product or ticket purchase was necessary.
Williams V. Reed, Jesse W. Carter
Williams V. Reed, Jesse W. Carter
Jesse Carter Opinions
Where makers on promissory notes received value from the loans, they were not accommodation makers and were liable on the notes.
State Farm Mut. Auto. Ins. Co. V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
State Farm Mut. Auto. Ins. Co. V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court abused its discretion when it ordered the insurance company's declaratory relief action and personal injury actions against the policyholder consolidated for trial because of prejudice to the insurance company.
Pauly V. King [Dissent], Jesse W. Carter
Pauly V. King [Dissent], Jesse W. Carter
Jesse Carter Opinions
A contractor and subcontractor were not liable for injuries sustained in a fall by another subcontractor's roofing employee who failed to exercise reasonable care, and a new trial was not warranted because jury instructions were unambiguous.
Sparks V. Redinger [Dissent], Jesse W. Carter
Sparks V. Redinger [Dissent], Jesse W. Carter
Jesse Carter Opinions
The failure of the trial court to give a proposed last clear chance instruction to the jury did not constitute prejudicial error.
Haggerty V. Associated Farmers Of California, Inc. [Dissent], Jesse W. Carter
Haggerty V. Associated Farmers Of California, Inc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Judgment in favor of the representative was improper because the county ordinance prohibiting the transmission of loud noise from any public highway was not unconstitutional upon its face.