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Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
Courts - Due Process- Findings Of Fact By Court On Basis Of Transcript Where Master Has Not Submitted Report, J. R. Mackenzie S.Ed.
Courts - Due Process- Findings Of Fact By Court On Basis Of Transcript Where Master Has Not Submitted Report, J. R. Mackenzie S.Ed.
Michigan Law Review
After taking evidence upon a matter referred to him, a master in chancery closed the proofs, but died before making his report. The district court, after receiving briefs of counsel and hearing argument, made an ultimate finding based on the transcript of evidence. Held, such action by a court which has not seen the witnesses is not in accord with due process. Smith v. Dental Products Co., (C.C.A. 7th, 1948) 168 F. (2d) 516.
New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed.
New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed.
Michigan Law Review
Whether or not testimony of a juror is admissible for the purpose of setting aside a verdict is a question upon which the cases are in conflict. Much of the contrariety of opinion is due to a failure of courts to distinguish between the two basic factual situations which present the problem. The juror's testimony may be sought to be introduced to show either: (1) that, due to some misunderstanding, his own thought processes were misdirected in arriving at his final vote; or, (2) that he observed the open misconduct of a fellow juror. At the outset it should be …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
This department undertakes to note or review briefly current books on law and matters closely related thereto.
Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin
Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin
Michigan Law Review
We have already become familiar with Johnson's awareness of the unconsciousness of mankind "of the shackles which superstition and tyranny had thrown around" it. He was also sensitive to the part which the law had played in preserving such a state of affairs. His keen and analytic mind was unwilling to accept as final what he knew was the illusive mirage of reality. The situation was a frustrating one-so much so that few minds today are prepared to accept the challenge which such a dynamic attitude entailed for him. He began anticipating beyond the capacities of the minds of those …