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Civil Procedure

1981

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Full-Text Articles in Law

Pleading Principles And Problems In Washington, Philip A. Trautman Nov 1981

Pleading Principles And Problems In Washington, Philip A. Trautman

Washington Law Review

It has now been a little over two decades since the present rules governing pleading became effective in Washington. It was on January 1, 1960 that the pertinent Washington Civil Rules, patterned after the Federal Rules of Civil Procedure, took effect. With some twenty years of experience to draw upon, it seems appropriate to review that experience with the hope of embellishing the stark provisions of the rules themselves, clarifying some of the problems that have arisen, and evaluating whether the objectives sought in the rules have been achieved.


Pleading Principles And Problems In Washington, Philip A. Trautman Nov 1981

Pleading Principles And Problems In Washington, Philip A. Trautman

Washington Law Review

It has now been a little over two decades since the present rules governing pleading became effective in Washington. It was on January 1, 1960 that the pertinent Washington Civil Rules, patterned after the Federal Rules of Civil Procedure, took effect. With some twenty years of experience to draw upon, it seems appropriate to review that experience with the hope of embellishing the stark provisions of the rules themselves, clarifying some of the problems that have arisen, and evaluating whether the objectives sought in the rules have been achieved.


Reasonable Assurance Of Actual Notice Required For In Personam Default Judgment In Utah: Graham V. Sawaya, Robert Charles Martin Nov 1981

Reasonable Assurance Of Actual Notice Required For In Personam Default Judgment In Utah: Graham V. Sawaya, Robert Charles Martin

BYU Law Review

No abstract provided.


Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry Nov 1981

Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry

BYU Law Review

No abstract provided.


Nixon V. Fitzgerald, Lewis F. Powell Jr. Oct 1981

Nixon V. Fitzgerald, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Harlow V. Fitzgerald, Lewis F. Powell Jr. Oct 1981

Harlow V. Fitzgerald, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr. Oct 1981

Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr. Oct 1981

Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Delta Air Lines, Inc. V. August, 101 S. Ct. 1146 (1981), Robert L. Rothman Oct 1981

Delta Air Lines, Inc. V. August, 101 S. Ct. 1146 (1981), Robert L. Rothman

Florida State University Law Review

Civil Procedure-FEDERAL RULE OF CIVIL PROCEDURE 68-WHEN IT COMES DOWN TO COSTS, IT'S NOT HOW YOU PLAY THE GAME, IT'S WHETHER YOU WIN OR LOSE


Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary Oct 1981

Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

Scholarly Works

This survey covers only a handful of the hundreds of decisions rendered last year by the Georgia appellate courts on points of trial practice and procedure. Those decisions selected were chosen because they resolved significant new issues or illustrated important principles of civil procedure. Using the format established in the past, the survey begins with cases dealing with personal jurisdiction, subject-matter jurisdiction, and venue, followed by cases concerned with the Civil Practice Act arranged under each section in numerical order.


Piper Aircraft V. Reyno, Lewis F. Powell Jr. Sep 1981

Piper Aircraft V. Reyno, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Abstention Under Erisa: Levy V. Lewis Sep 1981

Abstention Under Erisa: Levy V. Lewis

Washington and Lee Law Review

No abstract provided.


Curbing Discovery Abuse In Civil Litigation: Enough Is Enough, Maurice Rosenberg, Warren R. King Sep 1981

Curbing Discovery Abuse In Civil Litigation: Enough Is Enough, Maurice Rosenberg, Warren R. King

BYU Law Review

No abstract provided.


Curbing Discovery Abuse In Civil Litigation: We're Not There Yet, Frank F. Flegal, Steven M. Umin Sep 1981

Curbing Discovery Abuse In Civil Litigation: We're Not There Yet, Frank F. Flegal, Steven M. Umin

BYU Law Review

No abstract provided.


Colloquy On Complex Litigation, Alvin B. Rubin, Francis R. Kirkham, Weyman I. Lundquist, Jerrold E. Salzman Sep 1981

Colloquy On Complex Litigation, Alvin B. Rubin, Francis R. Kirkham, Weyman I. Lundquist, Jerrold E. Salzman

BYU Law Review

No abstract provided.


The Rules Of Civil Procedure: 1981 Changes In Pre-Trial Discovery 1981 Rules Of Civil Procedure: Content And Comments., Franklin Spears Sep 1981

The Rules Of Civil Procedure: 1981 Changes In Pre-Trial Discovery 1981 Rules Of Civil Procedure: Content And Comments., Franklin Spears

St. Mary's Law Journal

Abstract Forthcoming.


Judicial Recusal: Rule 18a - Substance Or Procedure 1981 Rules Of Civil Procedure: Content And Comments., Sam Sparks Sep 1981

Judicial Recusal: Rule 18a - Substance Or Procedure 1981 Rules Of Civil Procedure: Content And Comments., Sam Sparks

St. Mary's Law Journal

Abstract Forthcoming.


Introduction 1981 Rules Of Civil Procedure: Content And Comments - Introduction., Orville C. Walker Sep 1981

Introduction 1981 Rules Of Civil Procedure: Content And Comments - Introduction., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.


Appellate Procedure Reform 1981 Rules Of Civil Procedure: Content And Comments., Charles W. Barrow Sep 1981

Appellate Procedure Reform 1981 Rules Of Civil Procedure: Content And Comments., Charles W. Barrow

St. Mary's Law Journal

Abstract Forthcoming.


Other Significant Changes In The Appellate Rules 1981 Rules Of Civil Procedure: Content And Comments., Clarence A. Guittard Sep 1981

Other Significant Changes In The Appellate Rules 1981 Rules Of Civil Procedure: Content And Comments., Clarence A. Guittard

St. Mary's Law Journal

Abstract Forthcoming.


Distress Warrant And Trial Of Right Of Property Under The 1981 Texas Rules 1981 Rules Of Civil Procedure: Content And Comments., Luther H. Soules Iii, Mary M. Potter Sep 1981

Distress Warrant And Trial Of Right Of Property Under The 1981 Texas Rules 1981 Rules Of Civil Procedure: Content And Comments., Luther H. Soules Iii, Mary M. Potter

St. Mary's Law Journal

Abstract Forthcoming.


Jurisdiction And Jury Trials In Actions Against Foreign Government Owned Corporations Sep 1981

Jurisdiction And Jury Trials In Actions Against Foreign Government Owned Corporations

Washington and Lee Law Review

No abstract provided.


Klein V. City Of Yonkers: A Penumbra Of Uncertainty, Charles E. Roberts Jul 1981

Klein V. City Of Yonkers: A Penumbra Of Uncertainty, Charles E. Roberts

Buffalo Law Review

No abstract provided.


The Assertion Of Statutory Rights Under Flsa And Osha: Expand Or Limit The Gardner-Denver Rationale, John A. Adams May 1981

The Assertion Of Statutory Rights Under Flsa And Osha: Expand Or Limit The Gardner-Denver Rationale, John A. Adams

BYU Law Review

No abstract provided.


A Well-Plead Complaint - The Key To Recovery Of Economic Damages For Delay In Admiralty, Chuck Talley Apr 1981

A Well-Plead Complaint - The Key To Recovery Of Economic Damages For Delay In Admiralty, Chuck Talley

Florida State University Law Review

No abstract provided.


Civil Procedure: Commentary, Faust Rossi Apr 1981

Civil Procedure: Commentary, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Survey Of Developments In The Fourth Circuit: 1980 Apr 1981

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.


The Party Status Of Absent Plaintiff Class Members: Vulnerability To Counterclaims, Joan E. Steinman Mar 1981

The Party Status Of Absent Plaintiff Class Members: Vulnerability To Counterclaims, Joan E. Steinman

All Faculty Scholarship

No abstract provided.


Iv. Civil Procedure Mar 1981

Iv. Civil Procedure

Washington and Lee Law Review

No abstract provided.


Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont Mar 1981

Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont

Cornell Law Faculty Publications

"Jurisdiction must become venue," concluded Professor Albert A. Ehrenzweig. Perhaps it should. More certain is the proposition that comprehending jurisdiction requires mastering its relationship with venue. Such conclusions lie at some distance, however, bringing to mind that every journey must begin with a single step. A solid first step takes me to the subject of this Symposium, the Restatement (Second) of Judgments. This, put simply, is a masterful work. Even while still in tentative drafts, it proved an invaluable aid to judge, practitioner, teacher, and student. Yet in a work of such scope, anyone could find grounds for differing. …