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Particularizing Standards Of Conduct In Negligence Trials, James Fleming Jr., David K. Sigerson
Particularizing Standards Of Conduct In Negligence Trials, James Fleming Jr., David K. Sigerson
Vanderbilt Law Review
The general principles to be applied by court or jury in deciding whether conduct is reasonable have been examined elsewhere.' The problem to be dealt with here concerns the specific application of the law's standard of conduct to concrete cases. How, that is, may it be shown what a party or his opponent should have done, in the way of taking precautions or the like, in the situation presented by the evidence? What kinds of proof or argument are available to make this showing? When must such a showing be made by proof? Is the jury or court to determine …
Book Reviews, Edmund M. Morgan (Reviewer), Albert Williams (Reviewer), J. Warren Madden (Reviewer), Melvin M. Belli (Reviewer), George H. Tyne (Reviewer), William J. Bowe (Reviewer)
Book Reviews, Edmund M. Morgan (Reviewer), Albert Williams (Reviewer), J. Warren Madden (Reviewer), Melvin M. Belli (Reviewer), George H. Tyne (Reviewer), William J. Bowe (Reviewer)
Vanderbilt Law Review
Book Reviews
The Hearsay Rule
By R. W. Baker
London: Sir Isaac Pitman & Sons,Ltd., 1950. Pp. xxi, 180
reviewer: Edmund M. Morgan
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Self-Incrimination: What Can an Accused Person be Compelled to Do?
By Fred E. Inbau
Springfield, Illinois: Charles C. Thomas, 1950.Pp. x, 91. $2.50
reviewer: Albert Williams
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Administrative Law
By Kenneth C. Davis
St. Paul: West Pub. Co.,1951. Pp. xvi, 1024. $8.00
Administrative Law: A Test
By Reginald Parker
Indianapolis: The Bobbs-Merrill Co., 1952. Pp. x, 344. $5.50
Administrative Agencies and the Courts
By Frank E. Cooper
Ann Arbor; University of Michigan Law School, 1951. Pp. …
Some Comments On The Relation Of Pre-Trial To The Rules Of Evidence, Harry D. Nims
Some Comments On The Relation Of Pre-Trial To The Rules Of Evidence, Harry D. Nims
Vanderbilt Law Review
The term "Pre-Trial" is of such recent origin that it is found in few, if any, dictionaries. It seems to be used to describe conferences or hearings attended by counsel for litigants (and by litigants themselves, if they so desire) and a judge of the court to discuss the simplification of the issues to be tried, the sufficiency of the pleadings, the possibility of obtaining admissions and stipulations of facts and documents to avoid unnecessary proof, the limiting of the number of expert witnesses, and any other measures which may aid in the disposition of the case when it comes …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
CRIMINAL PROCEDURE--FACIAL EXPRESSIONS AND GESTICULATIONS OF TRIAL JUDGE--PREJUDICIAL EFFECT ON JURY
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EMPLOYMENT SECURITY ACT--PERSONS COUNTED TO DETERMINE WHETHER AN EMPLOYING UNIT HAS REQUISITE NUMBER OF EMPLOYEES TO CONSTITUTE AN "EMPLOYER"--STUDENTS WORKING FOR SCHOOL TO PAY TUITION
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FEDERAL JURISDICTION--JURISDICTIONAL AMOUNT--INJUNCTION SUITS
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LEGAL ETHICS--SOLICITATION AND FEE SPLITTING--ATTORNEY CONTRACTING WITH LABOR UNION TO REPRESENT UNION MEMBERS FOR CONTIGENT FEE
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NEGLIGENCE--LANDOWNER'S DUTY OF CARE--DUTY OWED TO FIREMAN
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NEGLIGENCE--STANDARD OF CARE--ASSURED-CLEAR-DISTANCE-AHEAD RULE
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PERSONAL PROPERTY--TENANCY BY THE ENTIRETY--BANK ACCOUNTS
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PLEADING--GENERAL ISSUE--SCOPE IN TENNESSEE
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TORTS--CHARITABLE INSTITUTIONS--TORT LIABILITY OF CHARITABLE INSTITUTIONS UNDER THE DOCTRINE OF RESPONDEAT SUPERIOR
The King Does No Wrong -- Liability For Misadministration, Reginald Parker
The King Does No Wrong -- Liability For Misadministration, Reginald Parker
Vanderbilt Law Review
The age-old rule of the common law that a citizen may not seek redress from the government for wrongs committed by the latter is often restated in the form of two maxims. One is that "the king can do no wrong." It refers to "wrongs" in the narrower sense of the word, meaning torts and related delicts. It has its counter part if not origin in the Roman-Byzantine holding, princeps legibus solutus est.' Many modern countries and some states have abrogated the rule. The other maxim, "the sovereign cannot be sued without his consent," precludes any law suit, not merely …