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Full-Text Articles in State and Local Government Law
Child Protection Law, Suellyn Scarnecchia
Child Protection Law, Suellyn Scarnecchia
Book Chapters
The Fifth and Fourteenth Amendments to the U.S. Constitution protect a parent's custodial rights. However, such rights are not absolute and may be terminated. There is no substantive due-process right to live together as a family. Doe v Oettle, 97 Mich App 183, 293 NW2d 760 (1980). Parents are not held to ideal standards in the care of their children but to minimum statutory standards. Fritts v Krugh, 354 Mich 97, 92 NW2d 604 (1958).
Integrated Pretrial Attack On A Pleading: A Critical Evaluation Of Michigan's New Summary Judgement Rule, Carl S. Hawkins, Brett R. Dick
Integrated Pretrial Attack On A Pleading: A Critical Evaluation Of Michigan's New Summary Judgement Rule, Carl S. Hawkins, Brett R. Dick
University of Michigan Journal of Law Reform
Modern procedural reforms reflect diminished confidence in the demurrer or "no cause" motion as a device to dispose of non-meritorious claims before trial. The Federal Rules of Civil Procedure, setting the pattern of reform for many states, abolished the demurrer. Although a preliminary attack upon the legal sufficiency of the complaint is still permitted by a motion to dismiss under Federal Rule 12 (b) (6), the challenged pleading may be amended as a matter of course, to minimize the risk that a good claim might be lost because it was poorly pleaded. The risk that sham amendments might then be …
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
Michigan Law Review
This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …
Federal Courts - Substance And Procedure - Effect Of Erie Railroad V. Tompkins And Rule 8 (C) Of The Federal Rules Of Civil Procedure Upon Burden Of Proof Of Contributory Negligence, John H. Uhl
Michigan Law Review
The case of Erie Railroad v. Tompkins has wrought a great change in the relationship between the state and federal courts. Prior to its decision, the federal courts under the rule of Swift v. Tyson did not have to apply the state non-statutory law. They could apply their own notions as to what the law was in matters of general law relating to substance. The Conformity Act compelled the federal courts to follow the practice, pleading, and forms and modes of proceeding in like causes in the courts of the state within which the federal district courts were held. In …
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Michigan Law Review
Many state legislatures have undertaken to subject non-resident persons or unincorporated groups, or both, to the power of their local courts in relation to business transacted within their limits. No less than forty States have at one time or another enacted statutes providing for substituted service of process in actions arising out of such transactions. Most of these statutes apply to non-residents generally; but in eighteen States statutes, now or formerly in force, have provided in express terms for substituted service on non-resident partnerships or unincorporated associations. Both types alike provide that service may be made upon an actual agent …
Declaratory Judgments, Ralph W. Aigler
Declaratory Judgments, Ralph W. Aigler
Articles
The Declaratory Judgments Act of Michigan (Act No. 150, P. A. 1919) provided as follows: (Sec. 1) "No action or proceeding in any court of record shall be open to objection on the ground that a merely declaratory judgment, decree or order is sought thereby, and the court may make binding declarations of rights whether any consequential relief is or could be claimed, or not, including the determination, at the instance of anyone claiming to be interested under a deed, will or other written instrument, of any question of construction arising under the instrument and a declaration of the rights …
The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland
The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland
Articles
While rules of procedure are not saved from the rude hand of the reformer by the "due process" guarantees of our constitutions, they do rest, nevertheless, under the very efficient protection of professional conservatism. Such rules are looked upon by the bench and bar as their own special concern, and innovations in this field must maintain the burden of proving their character before both the lawyer members of the legislature and the lawyers and judges who interpret them in the course of litigation. It would be natural, therefore, to expect that a proposed reform in procedure would have to meet …
Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland
Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland
Articles
It has often been held that a party may obtain a judicial determination of his rights in respect to legislation alleged to be invalid, by means of an application to a court of equity for an injunction restraining the enforcement of the statute. Ex parte Young (1907) 209 U. S. 123, is the leading case of this type. There, a railroad rate statute was involved, which required compliance by all railroad companies in the state, under the threat of heavy penalties. The railroad actually violated the provisions of the statute after an injunction had been obtained by a stockholder restraining …
Declaratory Judgments, Edson R. Sunderland
Declaratory Judgments, Edson R. Sunderland
Articles
The widespread interest in this new form of remedial instrument, which was somewhat dashed by the recent decision of the Michigan Supreme Court in Anway v. Grand Rapids Ry. Co. (1920), 211 Mich. 59, holding declaritoty relief to be non-judicial and outside the constitutional power of courts (19 MICH. LAW REV. 86), has been revived by the action of the legislature of Kansas in enacting a declaratory judgment statute almost identical with the Michigan act. This was done with full knowledge of the decision in the Anway case, and inasmuch as it is well known that some of the judges …
Logic V Common Sense In Pleading, Nathan Isaacs
Logic V Common Sense In Pleading, Nathan Isaacs
Michigan Law Review
Michigan's experiment in pleading--or the suppression of pleading-is being carefully watched throughout the country. Not that it is likely that many other states will go to the extreme, for it is an extreme, of substituting notice-pleading for essential-fact-pleading: but it is a fact that even the code states are experiencing a reaction in that general direction. It will probably lead to a multiplication of their "short forms," rather than to a sweeping provision that
The Michigan Judicature Act Of 1915, Edson R. Sunderland
The Michigan Judicature Act Of 1915, Edson R. Sunderland
Articles
IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.
The Proposed Michigan Judicature Act, Edson R. Sunderland
The Proposed Michigan Judicature Act, Edson R. Sunderland
Articles
The Michigan Legislature, at its last session, passed an act (No. 286, Public Acts of 1913) providing for the appointment of a Commission to revise and consolidate the laws of the State relating to procedure. The Governor appointed Alva M. Cummins, J. Clyde Watt, and Mark W. Stevens as members of this commission, and the result of their labors has just appeared in the form of a proposed bill regulating the entire subject of procedure in all the courts of the State. The bill is a long one, embracing 565 printed pages, but it is much less voluminous than the …
The Form Of Summons Under The Recent Michigan Judicature Act, W. Gordon Stoner
The Form Of Summons Under The Recent Michigan Judicature Act, W. Gordon Stoner
Articles
It would be rather remarkable if in revising such a large portion of the statutes as was undertaken by the Commission on Revision and Consolidation of Statutes of the State of Michigan, appointed in 1913, which reported to the legislature the recently enacted Judicature Act (Public Acts of Michigan, 1915, § 314), some ambiguity or uncertainty were not to appear in the revision. The Judicature Act is no exception to the general rule, as the lawyer who attempts to begin suit by summons under it will discover at the very outset.