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Articles 31 - 41 of 41
Full-Text Articles in Law
For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Vii - Federal Civil Procedure, Joan M. Shaughnessy
For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Vii - Federal Civil Procedure, Joan M. Shaughnessy
Scholarly Articles
Review of Fourth Circuit Opinions in Civil Cases.
Litigation Primer For Standing Dismissals, John H. Garvey
Litigation Primer For Standing Dismissals, John H. Garvey
Scholarly Articles
Professor Carvey examines a very theoretical issue-whether standing objections are jurisdictional, claim-related, or both-to resolve a rery practical problem-hotc to characterize motions to dismiss for lack of standing, As he notes. the choice of characterization under the Federal Rules of Ciril Procedure has important practical consequences for the litigator, involving cridentiary limitations, consolidation requirements, and the resjudcata effcct of dismissal. Professor Carrey suggests. as a solution to the litigator's dilemma, that both rule 12(b k I and rule 121b t16 are appropriate means by which to raise standing objections in the constitutional sense since a determination that the plaintiff lacks …
Civil Procedure, John H. Garvey, Beth Pederson Doutt
Civil Procedure, John H. Garvey, Beth Pederson Doutt
Scholarly Articles
No abstract provided.
Limits Of Ancillary Jurisdiction, John H. Garvey
Limits Of Ancillary Jurisdiction, John H. Garvey
Scholarly Articles
In Owen Equipment & Erection Co. v. Kroger the Supreme Court last Term addressed for the first time the permissible scope of ancillary jurisdiction under the Federal Rules of Civil Procedure. Although the Court approved using the doctrine in the situations to which it has most commonly been applied, it disapproved applying the doctrine to a plaintiff's claim against a nondiverse third-party defendant. This Article suggests that the line drawn by the Court in Kroger is likely to be particularly mischievous and is inconsistent with the justifications of fairness, convenience, and economy generally advanced to support the doctrine of ancillary …
Civil Procedure, John H. Garvey, Bill Dorris
Attorney’S Affidavit In Litigation Proceedings, John H. Garvey
Attorney’S Affidavit In Litigation Proceedings, John H. Garvey
Scholarly Articles
No abstract provided.
Chapters Of The Civil Jury, Doug Rendleman
Chapters Of The Civil Jury, Doug Rendleman
Scholarly Articles
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …
Searching For The Origin Of Class Action, Raymond B. Marcin
Searching For The Origin Of Class Action, Raymond B. Marcin
Scholarly Articles
Class actions today are largely the creatures of statute and rule. Extant statutes and rules can be divided by content into three types: (1) those which are patterned on the class action rule in the 1849 amendments to the New York Field Code, (2) those which follow the 1938 version of the federal class action rule, and (3) those which have adopted the 1966 revision of the federal class action rule. All trace their origins, however, to the unwritten practices of English Chancery at a time before the adoption of our own judicial system.
An Examination Of The Federal Rules Of Appellate Procedure, Harvey L. Zuckman
An Examination Of The Federal Rules Of Appellate Procedure, Harvey L. Zuckman
Scholarly Articles
My plan here is to note first major changes in appellate procedure wrought by the new federal rules generally and then to comment in some detail upon what I consider to be the most important rules. Where appropriate, I shall note changes in procedure in the individual circuits, particularly the Seventh, Eighth and Tenth Circuits.
Orthodoxy V. Reformation In The Jury System: Pattern Instructions: A Resolution?, George P. Smith Ii
Orthodoxy V. Reformation In The Jury System: Pattern Instructions: A Resolution?, George P. Smith Ii
Scholarly Articles
No abstract provided.
Effective Instructions To The Federal Jury In Civil Cases: A Consideration In Microcosm, George P. Smith Ii
Effective Instructions To The Federal Jury In Civil Cases: A Consideration In Microcosm, George P. Smith Ii
Scholarly Articles
One of the most intriguing topics of current conversation among today's experienced, as well as inexperienced, trial lawyers is the preparation and use of jury instructions. This interest is initiated within the law school setting, where professors teaching courses in evidence and procedure will invariably seek to impart in one lecture-or implicitly consider throughout the entire course-what they consider to be the rationale for effective and successful jury instructions. Yet it has only been recently that the federal bench has expressed itself with convincing clarity on this timely matter. Previously, unrecorded comments and ideas concerning the preparation of jury instructions …