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Articles 1 - 30 of 32
Full-Text Articles in Law
From Verdict To Judgment: The Evolution, Confusion And Reformation Of Cplr Articles 50-A And 50-B, Stephanie L. Argentine
From Verdict To Judgment: The Evolution, Confusion And Reformation Of Cplr Articles 50-A And 50-B, Stephanie L. Argentine
Buffalo Law Review
No abstract provided.
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Dalhousie Law Journal
Events often gain a momentum of their own, sometimes well beyond that anticipated by those who set them in motion; this is as true in the field of law as it is in other areas of human endeavour. MorguardInvestments Ltd. v. De Savoye' is a legal event which seems to be taking on a rapidly building momentum. Basing themselves on this decision, Canadian courts, especially those in British Columbia, are recognizing and enforcing judgments from other courts in civil matters, even when these judgments bear few, if any, of the hallmarks that traditionally entitled a foreign judgment to be recognized …
Change Of Position And Estoppel As Defences To An 'Action For Money Paid By Mistake, Karl J. Dore
Change Of Position And Estoppel As Defences To An 'Action For Money Paid By Mistake, Karl J. Dore
Dalhousie Law Journal
The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.
The Transformation Of Trans-Substantivity, Carl Tobias
The Transformation Of Trans-Substantivity, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett
Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett
Brigham Young University Journal of Public Law
No abstract provided.
Appellate Practice And Procedure, Kathryn L. Allen, William M. Droze
Appellate Practice And Procedure, Kathryn L. Allen, William M. Droze
Mercer Law Review
This survey Article tracks the 1991 developments in appellate practice and procedure for the United States Court of Appeals for the Eleventh Circuit.
- Jurisdiction
- Standard of Review
- Waiver of Right to Appellate Consideration and Harmless Error
- Miscellaneous Issues: Authority of the Court of Appeals
Trial Practice And Procedure, Benton J. Mathis Jr., Leigh C. Lawson
Trial Practice And Procedure, Benton J. Mathis Jr., Leigh C. Lawson
Mercer Law Review
This Article surveys the 1991 decisions of the Eleventh Circuit Court of Appeals that made a significant impact upon the area of trial practice and procedure. One of the most important developments in this area of law occurred in the case Wright v. Preferred Research, Inc. In Wright the Eleventh Circuit examined closely Federal Rule of Civil Procedure 58 and, in a case of first impression, held that when a district court amends a judgment, Rule 58 did not require that a separate document, setting out the terms of the remitted judgment, be entered before the time for the appeal …
Jury Instructions On Joint And Several Liability In Washington State, Julie K. Weaver
Jury Instructions On Joint And Several Liability In Washington State, Julie K. Weaver
Washington Law Review
Neither the Washington Legislature nor the Washington Supreme Court has addressed the issue of instructing a jury on Washington's doctrine of modified joint and several liability and its effects. Historically, most states prevented courts from instructing juries on the effects of their answers to special verdicts. Washington, however, has no history of keeping a jury uninformed of the effects of its answers. This Comment concludes that Washington courts should continue the practice of informing juries of the effects of their answers and instruct juries on joint and several liability and its effects.
Equity Renewed: Preliminary Injunctions To Secure Potential Money Judgments, Rhonda Wasserman
Equity Renewed: Preliminary Injunctions To Secure Potential Money Judgments, Rhonda Wasserman
Washington Law Review
Whenever a plaintiff sues a defendant for money damages, she runs the risk that the defendant will attempt to render herself unable to satisfy the expected money judgment by hiding or dissipating assets. Although most states have statutes that authorize prejudgment attachment of the defendant's assets to prevent this result, the attachment statutes are poorly designed to reduce the plaintiff's risk. The attachment statutes are both under- and over-inclusive: they do not authorize the attachment of property located outside the state, thereby failing to prevent the dissipation of all of the defendant's property, yet they grant the plaintiff a lien …
Case Comments: Civil And Criminal Procedure And Sentencing
Case Comments: Civil And Criminal Procedure And Sentencing
Washington and Lee Law Review
No abstract provided.
Reconsidering Rule 11, Carl Tobias
Reconsidering Rule 11, Carl Tobias
University of Miami Law Review
No abstract provided.
The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak
The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak
Brigham Young University Journal of Public Law
No abstract provided.
Ex Post Facto In The Civil Context: Unbridled Punishment, Jane Harris Aiken
Ex Post Facto In The Civil Context: Unbridled Punishment, Jane Harris Aiken
Kentucky Law Journal
No abstract provided.
Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe
Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe
Campbell Law Review
This Note will outline the evolution of wrongful death actions, with particular attention being given to the inclusion of unborn children under the providing statutes. It also traces North Carolina's legislative and judicial treatment of wrongful death actions. Next, the Note will discuss the inconsistencies created by ruling that pecuniary loss and loss of society and companionship cannot be recovered as a matter of law in a wrongful death action brought on behalf of viable fetus. It will argue that instead ,of limiting recovery as a matter of law, such damages should be addressed on a case-by-case basis and the …
Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson
Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson
Florida State University Law Review
No abstract provided.
Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles
UIC Law Review
No abstract provided.
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Touro Law Review
No abstract provided.
Freedom Of Speech And The Press
Freedom Of Speech And The Press
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters
Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters
University of Richmond Law Review
This article reviews recent developments and changes in legislation, case law, and Virginia Supreme Court Rules affecting civil litigation. Its scope does not extend to criminal procedure or to topics unique to equity practice.
Civil Procedure - A Corporation's Waiver Of The Attorney-Client Privilege And Work-Product Doctrine, Thomas E. Smallman
Civil Procedure - A Corporation's Waiver Of The Attorney-Client Privilege And Work-Product Doctrine, Thomas E. Smallman
Villanova Law Review
No abstract provided.
Weissmann V. Freeman: Derivative Works By Joint Authors-Originality And Copyright Infringement In The Second Circuit, David P. Gerstman M.D.
Weissmann V. Freeman: Derivative Works By Joint Authors-Originality And Copyright Infringement In The Second Circuit, David P. Gerstman M.D.
Touro Law Review
No abstract provided.
Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz
Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz
UIC Law Review
No abstract provided.
Civil Complicity: Using The Pinkerton Doctrine To Impose Vicarious Liability In Civil Rico Actions, Susan W. Brenner
Civil Complicity: Using The Pinkerton Doctrine To Impose Vicarious Liability In Civil Rico Actions, Susan W. Brenner
Kentucky Law Journal
No abstract provided.
Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker
Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker
Maryland Law Review
No abstract provided.