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Civil Procedure

Journal

1992

Institution
Keyword
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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 Oct 1992

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 Oct 1992

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 Oct 1992

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 Sep 1992

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 Sep 1992

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 Jul 1992

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 Jul 1992

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 Apr 1992

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 Apr 1992

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 Mar 1992

Case Comments: Civil And Criminal Procedure And Sentencing

Washington and Lee Law Review

No abstract provided.


Reconsidering Rule 11, Carl Tobias Mar 1992

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 Mar 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


University Of Richmond Law Review Jan 1992

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 Jan 1992

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 Jan 1992

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. Jan 1992

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 Jan 1992

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.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Civil Complicity: Using The Pinkerton Doctrine To Impose Vicarious Liability In Civil Rico Actions, Susan W. Brenner Jan 1992

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 Jan 1992

Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker

Maryland Law Review

No abstract provided.


Labor Not A Commodity Jan 1992

Labor Not A Commodity

Touro Law Review

No abstract provided.


Rules And Regulations Jan 1992

Rules And Regulations

Touro Law Review

No abstract provided.


Trial By Jury Jan 1992

Trial By Jury

Touro Law Review

No abstract provided.