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Procedure And Evidence -- 1957 Tennessee Survey, Edmund M. Morgan
Procedure And Evidence -- 1957 Tennessee Survey, Edmund M. Morgan
Vanderbilt Law Review
PLEADING
Generally: Pleadings are construed liberally in favor of the pleader,and this is particularly true when the attack is made after judgment.
Use of Several Counts: It is entirely proper under prevailing practice to state the same cause of action in several counts, each setting forth a different theory or ground of recovery; but they must not be so framed as to make the declaration prolix and unduly repetitious.
Same-Pleading Evidence of Ultimate Fact: In most jurisdictions with a typical code, allegations of evidence from which the ultimate fact may be deduced, whether or not the deduction is expressly averred …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Application of Privilege against Self-Incrimination to Denaturalization Proceedings
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Constitutional Law--Implied Immunity--Federal Contractor not Subject to State Licensing Requirements
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Evidence--Confession of Co-Conspirator Admissible under Proper Instructions in Joint Trial
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Federal Jurisdiction--Injunctions--Judicial Code Section 2283 is Inapplicable to Injunctions sought by the United States
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Judgments--Res Judicata--Voluntary Absence of Insured Constitutes Extrinsic Fraud
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Labor Law--Unemployment Insurance--Double Affirmation Clause Held Unconstitutional
Book Reviews, Robert N. Cooks (Reviewer), Kenneth B. Hughs (Reviewer), Jess Halstead (Reviewer), Walter P. Armstrong, Jr. (Reviewer), Howard J. Graham (Reviewer)
Book Reviews, Robert N. Cooks (Reviewer), Kenneth B. Hughs (Reviewer), Jess Halstead (Reviewer), Walter P. Armstrong, Jr. (Reviewer), Howard J. Graham (Reviewer)
Vanderbilt Law Review
Current Legal Problems 1956 Edited by G. W. Keeton and G. Schwarzenberger London: Stevens & Sons, 1956. Pp. vii, 275. $5.55
reviewer: David F. Maxwell
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Some Problems of Proof under the Anglo-American System of Litigation By Edmund Morris Morgan. New York: Columbia University Press, 1956. Pp. xii, 195. $3.50
reviewer: Charles T. McCormick
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Effective Drafting of Leases with Check List and Forms By Milton N. Lieberman Newark: Gann Law Books, 1956. Pp. viii, 974
reviewer: Robert N. Cooks
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The Law and One Man Among Many By Arthur E. Sutherland Madison: University of Wisconsin Press, 1956. Pp. ix, …
Rules Of Evidence -- Substantive Or Procedural?, Edmund M. Morgan
Rules Of Evidence -- Substantive Or Procedural?, Edmund M. Morgan
Vanderbilt Law Review
It hardly needs stating that the definition of a legal word or term depends upon the purpose for which it is to be defined. If in framing a generalization designed to state a rule or make a discrimination applicable in a specific topic or field of the law, the courts use specified terms, it by no means follows that they intend those terms to be understood in the same sense in generalizations dealing with problems in another topic or field. The words, substance or substantive and procedure or procedural, have been used most frequently in three separate situations: (1) in …
The Law Of Presumptions In Tennessee, E. William Henry
The Law Of Presumptions In Tennessee, E. William Henry
Vanderbilt Law Review
Nowhere in the law of evidence does greater confusion exist than in the concept of a presumption and its effect. Not only is the confusion widespread, but it is intensified by the intransigence of most judges in their rejection of the views of respected writers in the field. No attempt will be made here to restore order to the Tennessee law of presumptions. The purpose of this note is merely to catalogue some of its inconsistencies.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Alimony may be Awarded Wife after Husband obtains Ex Parte Divorce
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CONFLICT OF LAWS--FORUM NON CONVENIENS APPLIED FOR PROTECTION OF LOCAL INTERESTS
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CONSTITUTIONAL LAW--IMPAIRMENT OF CONTRACT--EXISTING AUTOMOBILE DEALERSHIP CONTRACT MAY BE CHANGED TO PROTECT THE GENERAL WELFARE
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CRIMINAL LAW--BIGAMY--GOOD FAITH BELIEF THAT ACCUSED WAS DIVORCED IS A DEFENSE TO A CHARGE OF BIGAMY
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EVIDENCE--RELEVANCY--ADMISSION OF HABIT EVIDENCE TO SHOW DUE CARE
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FEDERAL TORT CLAIMS ACT--SCOPE OF EMPLOYMENT--GOVERNMENT'S LIABILITY FOR SKYLARKING AIRCRAFT
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INCOME TAXATION--RESERVE WITHHELD BY FINANCE COMPANY AND CHARGEABLE WITH AMOUNT OF DISHONORED NOTES NOT ACCRUABLE AS INCOME TO INDORSER
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LABOR …