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Articles 1 - 8 of 8
Full-Text Articles in Law
Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood
Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood
Michigan Law Review
In a civil action for treble damages under section 4 of the Clayton Act, the plaintiff sought to allege as prima facie evidence of a Sherman Act violation a criminal conviction entered on a plea of guilty by the defendant in an earlier prosecution by the government. The trial court sustained a motion by the defendant to strike from plaintiff's complaint any reference to the criminal prosecution. On appeal, held, reversed, one judge dissenting. A judgment entered on a plea of guilty is not a consent judgment within the meaning of the proviso to section 5(a) of the Clayton …
The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder
The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder
Michigan Law Review
The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.
Civil Procedure-Trial Practice-Introduction Of Inadmissible Evidence To Cure Improper Argument By Counsel, Arthur M. Sherwood
Civil Procedure-Trial Practice-Introduction Of Inadmissible Evidence To Cure Improper Argument By Counsel, Arthur M. Sherwood
Michigan Law Review
In a suit to recover damages for wrongful death arising out of an automobile accident, plaintiff's counsel offered in evidence the official report of a police officer, which included the officer's opinion that defendant's parked car had contributed to the collision. Defendant's objection to this evidence was sustained on the grounds that the report was hearsay and that it set forth a conclusion which only the jury could draw. Defendant's counsel, during his summation, asserted that no police officer had said that defendant's car had in any way caused the accident. The court, sua sponte, admitted into evidence the officer's …
Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.
Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.
Michigan Law Review
One of the most venerable of all legal principles is the evidentiary rule excluding hearsay. This rule, which was first espoused by the English courts in the sixteenth century, arose when it became apparent that there was an inherent danger of untrustworthiness in a witness's uncorroborated recital of a prior declaration made outside the courtroom. The courts gave several reasons for regarding hearsay as untrustworthy. First, these statements, offered into evidence for the truth of the matter asserted, were not made under oath. Secondly, objection to such testimony was raised because the trier of fact had no opportunity to pass …
Evidence-Confessions-Admissiblity Of A Subsequent Confession Under The Mcnabb-Mallory Doctrine, Ira J. Jaffe S.Ed.
Evidence-Confessions-Admissiblity Of A Subsequent Confession Under The Mcnabb-Mallory Doctrine, Ira J. Jaffe S.Ed.
Michigan Law Review
Defendant was indicted for first degree murder and convicted of manslaughter in the Federal District Court for the District of Columbia. Defendant had willingly directed the police to the victim's body and voluntarily signed a written confession during a period of thirty-four hours detention prior to arraignment. At the arraignment defendant was informed of his rights and indicated that he was aware of them; in addition, the preliminary hearing was postponed in order to provide him opportunity to obtain counsel. Twenty hours after his arraignment the defendant once again voluntarily confessed while giving a police officer instructions as to the …
Evidence-Hearsay-Admissbility Of Accident Reports Under The Federal Business Records Act, Thomas G. Dignan Jr.
Evidence-Hearsay-Admissbility Of Accident Reports Under The Federal Business Records Act, Thomas G. Dignan Jr.
Michigan Law Review
The United States, as assignee of a civilian seaman's claim, brought an action against the defendant for injuries received when the seaman slipped on a walkway which the defendant had contracted to maintain in good repair. At the trial plaintiff sought to introduce into evidence a report compiled by the seaman's superior, such report being required to accompany the seaman's claim for compensation from the Government. Admission of the report under the Federal Business Records Act was denied, and the Government's case was thereby materially weakened. Judgment was entered on a jury verdict for the defendant. On appeal, held, …
A Radical Restatement Of The Law Of Seller's Damages: Michigan Results Compared, Robert J. Harris
A Radical Restatement Of The Law Of Seller's Damages: Michigan Results Compared, Robert J. Harris
Michigan Law Review
Conventional doctrine does not address itself directly to the choice among valuation techniques, although the various parochial damage formulae give some clues. Underlying this series of articles is an assumption that the doctrine makes more sense when restated in valuation terms. These articles involve an effort to restate in such terms one sector of expectation damage law-the part that governs cases in which plaintiff is a "seller."
Federal Civil Procedure-Discovery-Availability Of Attorney-Client Privilege To Corporations, Stephen M. Wittenberg
Federal Civil Procedure-Discovery-Availability Of Attorney-Client Privilege To Corporations, Stephen M. Wittenberg
Michigan Law Review
During the pre-trial stage of a civil antitrust suit, plaintiff sought inspection of certain documents in the files of the corporate defendants' outside counsel. The defendant contended that these documents were protected from discovery by the attorney-client privilege. Upon motion for inspection, held, granted. The attorney-client privilege is not available to any of the corporate parties in this action. Radiant Burners, Inc. v. American Gas Ass'n, 207 F. Supp. 771, aff'd on rehearing, 209 F. Supp. 321 (N.D. Ill. 1962).