Civil Procedure Commons^™

State Plans Inventory, Maine State Planning Office

Maine Collection

State Plans Inventory

Maine State Planning Office, Comprehensive Planning Assistance Divsion

Augusta, Maine (December, 1978).

"The preparation of this report was financially aided by a 701 Comprehensive Planning Assistance grant fro the U.S. Department of Housing and Urban Development."

Contents: Letter of Transmittal / Introduction / State Plans Inventory / Indices of State Plans / Tables

The Influence Of Jury Deliberation On Juror Perception Of Trial, Credibility, And Damage Awards, S. Femi Sonaike

BYU Law Review

No abstract provided.

Lee-Hy Paving Corp. And Davis E. Clem V. O’Connor, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Parklane Hosiery Co., Inc. V. Shore, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Davis V. Passman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Califano V. Yamasaki (Elliott), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Impeachment Of One's Own Witness By Prior Inconsistent Statements Under The Federal And Arkansas Rules Of Evidence, Samuel A. Perroni

University of Arkansas at Little Rock Law Review

No abstract provided.

Malicious Prosecution Counterclaims Now Allowable In The Principal Action—Implicit Abandonement Of The Doctrine Of Strict Limitation—Wash. Rev. Code § 4.24.350 (Supp. 1977), Richard D. Vogt

Washington Law Review

With the enactment of R.C.W. § 4.24.350,however, the Washington State Legislature has made the malicious plaintiff an endangered species in this state. The statute eliminates two major common law roadblocks—one procedural, the other substantive—to successful assertion of an action for malicious prosecution of an ordinary civil suit. Unfortunately, because the new law is so intimidatingly expansive in its apparent scope, potential plaintiffs with arguably valid claims may also be deterred from seeking legal redress.

Attorney's Approval Of Faulty Order For Summary Judgment Construed As An Order Entered By Agreement., Cathleen G. Randall

St. Mary's Law Journal

Abstract Forthcoming.

One Who Unconditionally And Absolutely Guarantees Payment Of A Note Is Bound By Its Terms, Including Its Venue Provisions., Ann C. Livingston

St. Mary's Law Journal

Abstract Forthcoming.

Mere Agreement To Make Payments In Texas Fails To Establish Minimum Contact Sufficient To Satisfy Due Process Requirements For Long-Arm Jurisdiction., Richard E. Sames

St. Mary's Law Journal

Abstract Forthcoming.

Independent Jurisdictional Grounds Unnecessary To Support Claim By Original Plaintiff Against Nondiverse Third-Party Defendant., Mike Davis

St. Mary's Law Journal

Abstract Forthcoming.

Prejudgment Attachments In Three Courts Of Two States, Philip Shuchman

Buffalo Law Review

No abstract provided.

Certification: A Practical Devise For Early Screening Of Spurious Antitrust Litigation, W. Cole Durham Jr., Jonathan A. Dibble

BYU Law Review

No abstract provided.

Is Justice Delayed? A Report From The Court Administrator, C. R. Huie, G. Lawrence Jegley

University of Arkansas at Little Rock Law Review

No abstract provided.

Shaffer V. Heitner's Effect On Pre-Judgment Attachment, Jurisdiction Based On Property, And New York's Seider Doctrine: Have We Finally Given Up The Ghost Of The Res?, Mark F. Flescher, Dennis P. Harkawik

Buffalo Law Review

No abstract provided.

Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan

Cornell Law Faculty Publications

Two basic fees--contingent and hourly--dominate the variety of fees that lawyers charge clients for pursuing damage claims. Each of these two types has its advantages; each is plagued with substantial disadvantages. This Article proposes a new type of fee, one that preserves the respective advantages of the two present fees while minimizing their distinct disadvantages.

In essence, the proposed fee calls for the payment, on a contingent basis, of an amount computed by adding one component tied to hours worked and another component linked to amount recovered. The preferability and feasibility of this proposed fee argue for the abolishment, or …

Federal Courts-Rules Of Civil Procedure-Postjudgment Motion To Intervene To Appeal Denial Of Class Certification Is Timely-United Airlines, Inc. V. Mcdonald

BYU Law Review

No abstract provided.

Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen

West Virginia Law Review

No abstract provided.

Federal Appellate Procedure - Recall Of Mandate - Review Of Judgments After Rehearing And Appeal Periods Expire, Steven D. Mclamb

Villanova Law Review

No abstract provided.

Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis

University of Richmond Law Review

In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."

Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne

Cleveland State Law Review

The adoption of the Ohio Rules of Civil Procedure on July 1, 1970, ushered in the age of "Pleader's Lib" for the plaintiff's attorney. In code days, a pleader had to allege facts which showed a cause of action. Under the rules, however, a statement of claim' need only state the bare operative facts which show that the claimant has a claim for relief, and the complaint cannot be dismissed for failure to state such a claim unless it appears beyond doubt from the face of the pleading that the claimant can prove no set of facts entitling him or …

Kentucky Law Survey: Civil Procedure, William S. Cooper

Kentucky Law Journal

No abstract provided.

Unraveling Waiver By Default, C. Ronald Ellington

Scholarly Works

Does a default judgment for nonappearance cut off a defendant's right to move later under section 60 of the Civil Practice Act to set aside the judgment because of a defect in service, lack of venue, or lack of personal jurisdiction? In recent years the Georgia Court of Appeals has repeatedly answered this most perplexing question by holding that a defendant who defaults waives his objectinos to venue and lack of personal jurisdiction. Defects in service, however, are not waived, even when the defendant receives actual notice of the lawsuit. The court of appeals' appraoch is highly questionable, perhaps even …

An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Civil Procedure, John H. Garvey, Bill Dorris

Scholarly Articles

No abstract provided.

Attorney’S Affidavit In Litigation Proceedings, John H. Garvey

Scholarly Articles

No abstract provided.

The Demise Of Substantive Time Limitations In Illinois, 11 J. Marshall J. Of Prac. & Proc. 579 (1978), Daniel D. Maynard

UIC Law Review

No abstract provided.

United Airlines, Inc. V. Mcdonald: Class Certification And The Uncertain Sound, 11 J. Marshall J. Of Prac. & Proc. 635 (1978), Miriam F. Hunter

UIC Law Review

No abstract provided.