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Articles 1 - 15 of 15
Full-Text Articles in Law
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Michigan Law Review
Local police officers entered the private office of petitioner, a practising physician, without a warrant and seized his private books and records. As a result of the information thus obtained, petitioner was convicted of conspiracy to perform an abortion. Petitioner claimed that his constitutional rights were invaded contending that due process of law under the Fourteenth Amendment includes freedom from unreasonable search and seizure and prevents the admission of illegally seized evidence, but this was denied by the Supreme Court of Colorado and the conviction was affirmed. On certiorari to the Supreme Court of the United States, held, affirmed, …
Acquisition Of Evidence By Search And Seizure, Mary Louise Ramsey
Acquisition Of Evidence By Search And Seizure, Mary Louise Ramsey
Michigan Law Review
What protection do the Fourth and Fifth Amendments afford against acquisition of evidence by search and seizure, actual or constructive? Does an individual have a constitutional privilege against the disclosure of records he is required by law to keep? May police officers search premises on which an arrest is made and seize contraband which they find there? A series of cases recently decided by a closely divided Supreme Court has enveloped this field in the same deep fog of uncertainty which now hangs over so many other areas of constitutional law. The unstable quality of these precedents is attested by …
Quasi-Contracts-Rescission For Fraud-Defrauding Vendee's Right To Recover For Improvements, G. B. Myers
Quasi-Contracts-Rescission For Fraud-Defrauding Vendee's Right To Recover For Improvements, G. B. Myers
Michigan Law Review
Defendant fraudulently obtained a conveyance of land from plaintiff and while in possession of the tract made repairs and improvements to a building thereon. Upon discovery of the fraud plaintiff sued in equity to cancel the deeds involved, and tendered into court the consideration received from defendant. The lower court cancelled the deeds, returning the consideration to defendant, but refused to admit defendant's evidence of repairs and improvements on the ground that equity will not allow a claim for the value of improvements when made by a defrauding party. Held, reversed in part. The evidence was admissible, and an …
Streamlining Conveyancing Procedure, Paul E. Basye
Streamlining Conveyancing Procedure, Paul E. Basye
Michigan Law Review
The need for simplifying-even streamlining-conveyancing procedure has been all too well recognized for decades, but until the present decade relatively little progress toward a satisfactory system has been achieved. We have continued to labor under the handicaps of an inherited system which has become more cumbersome with each passing year. It is noteworthy, however, that several steps have been put into operation within recent years which have proved extremely fruitful and have, in certain limited areas, introduced thoroughgoing revisions in traditional practices. But in most states the far-reaching improvements necessary to an efficient, simple and fully comprehensive conveyancing system remain …
Evidence-Federal Criminal Procedure-Admissibility Of Confession Obtained During Illegal Detention, William F. Snyder S. Ed.
Evidence-Federal Criminal Procedure-Admissibility Of Confession Obtained During Illegal Detention, William F. Snyder S. Ed.
Michigan Law Review
Petitioner was arrested without a warrant on suspicion of larceny. He was held without commitment for a period of thirty hours during which he was intermittently questioned but was not subjected to any form of physical coercion. At the end of this period, he signed a confession which was the basis for his conviction in the district court. On certiorari to the United States Supreme Court, following affirmation in the court of appeals, held, reversed. The detention was unlawful as a violation of rule 5 (a) of the Federal Rules of Criminal Procedure, and the confession thus obtained was …
Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch
Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch
Michigan Law Review
Juries must answer to questions of fact and judges to questions of law. This is the fundamental maxim acknowledged by the Constitution. When no fact question is present, no right to jury trial in a civil suit exists, and the constitutional guaranty is, therefore, not violated by the exercise of control by the court in keeping the jury to determination of questions of fact or in keeping it within the bounds of reason. One of the most important and often used methods of control is the directed verdict, whereby the court peremptorily instructs the jury to bring in a verdict …
Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.
Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.
Michigan Law Review
Defendant was indicted for murder by a grand jury. The trial court denied a motion by defendant requesting that the district attorney be ordered to furnish him with a transcript of the evidence offered before the grand jury. On appeal, held, affirmed. It was within the discretion of the trial court to grant or refuse the motion. Commonwealth v. Galvin, (Mass. 1948) 80 N.E. (2d) 825.
Evidence--Criminal Law--Cross-Examination Of Accused's Character Witness Concerning Accused's Prior Arrest, C. C. Grunewald S. Ed.
Evidence--Criminal Law--Cross-Examination Of Accused's Character Witness Concerning Accused's Prior Arrest, C. C. Grunewald S. Ed.
Michigan Law Review
On trial in a district court for bribing a federal revenue agent, defendant called five witnesses to testify to his good reputation. During cross-examination by the district attorney, the character witnesses were asked: ''Did you ever hear that on October 11, 1920, the defendant was arrested for receiving stolen goods?" The trial judge overruled the objection to the question, and the witnesses answered in the negative. The prosecutor exhibited a paper record of this arrest to the court. The judge instructed the jury that the question was to test the standard of the character evidence only, not to establish the …
Criminal Law-Evidence-Silence To Accusation While Under Arrest As Admission Of Guilt, Colvin A. Peterson, Jr.
Criminal Law-Evidence-Silence To Accusation While Under Arrest As Admission Of Guilt, Colvin A. Peterson, Jr.
Michigan Law Review
Defendant was convicted of murder. Before the victim died, defendant, handcuffed and in custody of police, had been taken to the hospital room where the victim lay. Eight witnesses were present at the time, and each testified that the victim pointed out the defendant as her assailant. At the trial the witnesses were permitted to testify that when accused of the crime, defendant stood by silently, saying and doing nothing, although it also appeared that he had been told by the police chief to ''keep your mouth shut." The prosecution capitalized upon defendant's silence as an admission of guilt. On …
Finders--Application Of Statute To Finder Of Stolen Non-Negotiable Bonds, William C. Gordon
Finders--Application Of Statute To Finder Of Stolen Non-Negotiable Bonds, William C. Gordon
Michigan Law Review
Plaintiff found a box containing twenty registered $1000 United States bonds and other non-negotiable securities, which had been stolen from defendants. Plaintiff turned them over to the sheriff who returned them to defendants. The bonds were endorsed "Not Transferable" and were payable only to the owner named thereon. Defendants had promptly notified the United States Treasury of the theft, and by fulfilling certain requirements, could have obtained duplicate certificates and bonds. Plaintiff sued for a reward of ten per cent of the face value of the securities under an Iowa statute which provided for a reward of ten per cent …
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Michigan Law Review
Defendant X owned a non-registered automobile which was parked on a public way by defendant Y, an agent of X. The keys were left in the car in violation of a statute. Later in the same day the car was stolen. Plaintiff, a pedestrian, was injured by the thief's negligent operation of the car. In an action to recover for the injury, a verdict was directed for defendants. On appeal, held, affirmed. As a matter of law, defendant's action in allowing a non-registered automobile containing its keys to remain on a public way was not the proximate …
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Michigan Law Review
Petitioner, a nineteen year old Negro, was convicted of rape in a circuit court of Alabama. The conviction, largely predicated on a confession made by petitioner on July 3, 1946, to the local police, was affirmed on April 24, 1947, by the Supreme Court of Alabama. This petition was subsequently initiated before the Alabama Supreme Court seeking an order granting permission to petition the trial court for a writ of error coram nobis. The request was accompanied by an allegation that petitioner's confession had been induced by mental and physical torture administered by the local police. At no time during …
Discovery -- Scope Of Examination --Attorney-Client Privilege Under Ohio And Federal Procedures, Carson C. Grunewald S.Ed.
Discovery -- Scope Of Examination --Attorney-Client Privilege Under Ohio And Federal Procedures, Carson C. Grunewald S.Ed.
Michigan Law Review
During a deposition arising out of a suit against the Cleveland Transit System for its alleged negligent operation, Hyde, defendant's general manager, was ordered under subpoena duces tecum to produce reports of the defendant company and answer questions disclosing "all the busses ( the numbers, and names and addresses of the drivers) from 11:30 P.M. September 25, 1944, to 12:15 A.M., going south on East 152 Street." Hyde and the company attorney who possessed the accident reports refused to produce them or answer questions concerning them, claiming that the reports were within the attorney-client privilege. The deponents were taken into …
Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.
Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.
Michigan Law Review
Plaintiff agreed to purchase land from defendant by a contract in which it was stipulated that the performance of the mechanics of purchase would be completed through a third party, Webster. Plaintiff deposited the purchase money with Webster with instructions to deliver it to defendant only after he (Webster) had, inter alia, procured a policy of title insurance. Webster absconded with the funds. In a suit to determine the incidence of loss, plaintiff sought to prove that Webster had procured the policy before he absconded and therefore held the purchase money as agent for defendant. The proof that plaintiff …
Theory Of Pleading A Survey Including The Federal Rules, William Wirt Blume
Theory Of Pleading A Survey Including The Federal Rules, William Wirt Blume
Michigan Law Review
In an often-quoted report of a committee of the American Bar Association, Roscoe Pound stated: "Pleadings have four purposes: (1) The first is to serve as a formal basis for the judgment. This is the oldest function, and one that goes back before the time of rational, as distinguished from purely mechanical trial of issues. . . . (2) Another is to separate issues of fact from questions of law .... (3) Another is to give litigants the advantage of a plea of res judicata if molested again for the same cause .... (4) Finally, pleadings exist to notify parties …