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Articles 1 - 22 of 22
Full-Text Articles in Law
A Glance At Summary Judgment, Thomas J. Browning
A Glance At Summary Judgment, Thomas J. Browning
Mercer Law Review
EDITOR'S NOTE: A motion for summary judgment is one of the most frequently used pre-trial motions. The following article was written as a quick-reference index for the Judges of the Cobb Superior Court in ruling on these motions. In keeping with our policy of presenting articles to aid the practicing attorney, as well as the academician, we are including the article in this year's Survey. This is the authority practicing attorneys will no doubt face from the Georgia judiciary on a motion for summary judgment.
I. PURPOSE
Purpose of Summary Judgment: A primary purpose of the summary judgment procedure is …
Constitutional Law, W. Tarver Rountree
Torts, Hardy Gregory Jr.
Pattern Jury Instructions, Luther C. Hames Jr.
Pattern Jury Instructions, Luther C. Hames Jr.
Mercer Law Review
No abstract provided.
Business Associations, Joseph Epps Claxton
Criminal Law, Denny C. Galis
Domestic Relations, Barry C. Mcgough, Lucy S. Mcgough
Domestic Relations, Barry C. Mcgough, Lucy S. Mcgough
Mercer Law Review
No abstract provided.
Evidence, William H. Agnor
Commercial Law, John M. Hewson Iii
Insurance, Maximilian A. Pock
Trial Practice And Procedure, J. Ralph Beaird, C. Ronald Ellington
Trial Practice And Procedure, J. Ralph Beaird, C. Ronald Ellington
Mercer Law Review
No abstract provided.
Real Property, George A. Pindar
State Taxpayer Remedies, L.O. Buckland
State Taxpayer Remedies, L.O. Buckland
Mercer Law Review
Taxpayers in Georgia have four principal means of obtaining judicial review of their state tax liabilities, but the statutes permitting review are not located in a single, convenient location and the practitioner faces considerable research in order to determine his client's remedies. The four means, or remedies, are: (1) the appeal under the tax administration provisions; (2) the affidavit of illegality; (3) the suit for refund; and (4) the appeal under the Administrative Procedure Act. This article provides a brief summary of these remedies. No attempt was made to exhaustively examine the many factual situations that can arise or to …
Divorce--Judgment On The Pleadings--Bold New Procedure In Divorce Actions, Mark A. Steinbeck
Divorce--Judgment On The Pleadings--Bold New Procedure In Divorce Actions, Mark A. Steinbeck
Mercer Law Review
No abstract provided.
Juvenile Law--Exclusive Original Jurisdiction Of Juvenile Cases In Juvenile Courts, James O. Wilson Jr.
Juvenile Law--Exclusive Original Jurisdiction Of Juvenile Cases In Juvenile Courts, James O. Wilson Jr.
Mercer Law Review
In J.W.A. v. State, the Supreme Court of Georgia laid to rest a jurisdictional problem that had plagued the Georgia juvenile system for almost a half of a century when the court held that exclusive original jurisdiction of non-capital juvenile cases is vested in the juvenile courts with concurrent jurisdiction of the superior courts becoming effective only when activated by a proper transfer from the juvenile courts.
Sales--Ucc Warranty Provisions Extended To Chattel Leases By Analogy, William D. Harrison
Sales--Ucc Warranty Provisions Extended To Chattel Leases By Analogy, William D. Harrison
Mercer Law Review
In Redfern Meats, Inc. v. Hertz Corp., the Georgia Court of Appeals held that the warranty provisions of the Georgia Uniform Commercial Code are applicable to those chattel leases which are analogous to sales. Plaintiff, Redfern, entered into an indefinite leasing agreement with defendant, Hertz, to rent trucking equipment for the refrigerated transportation of its meats. The agreement required Redfern to buy the equipment according to a depreciation schedule if either party cancelled the lease within eight years of the lease date. The agreement also contained a disclaimer which purported to relieve Hertz of any liability for damage to …
Constitutional Law--No Right To Counsel At Probation Revocation Hearings, Robert R. Potter
Constitutional Law--No Right To Counsel At Probation Revocation Hearings, Robert R. Potter
Mercer Law Review
In Mercer v. Hopper, the Georgia Supreme Court, in a four-sentence per curiam opinion, held that "[tihere is no right to counsel at a probation revocation hearing in Georgia." Mercer pleaded guilty to, and was convicted of, three charges of driving under the influence of intoxicants and one charge of forgery. He received a five year sentence for forgery and three 12-month sentences for the DUI charges, the latter to run consecutively, but concurrently with the forgery sentence. All sentences were ordered to be served on probation.
Contracts, James P. Houlihan
Local Government Law, R. Perry Sentell Jr.
Trusts, Wills, And Administration Of Estates, James C. Rehberg
Trusts, Wills, And Administration Of Estates, James C. Rehberg
Mercer Law Review
No abstract provided.
Developments In The Georgia Law Of Securities Regulation, H. Sadler Poe
Developments In The Georgia Law Of Securities Regulation, H. Sadler Poe
Mercer Law Review
For the second successive year, the General Assembly has enacted significant amendments to the Georgia Securities Act of 1973. (Hereinafter referred to as the "Act" or the "1973 Act.") While this year's amendments (the "1975 Amendments" or the "Amendments") are not as extensive as the previous amendments,' the 1975 Amendments make important changes in virtually every area of the 1973 Act's coverage. From exempt securities and transactions, to registration of securities, to regulation of dealers and salesmen, to enforcement, the changes have been numerous, many of them merely clarifying the drafters' intent, but others make important substantive changes. The Secretary …
Torts--Emotional Distress--Georgia Continues To Cling To The Impact Rule, Wallace Miller Iii
Torts--Emotional Distress--Georgia Continues To Cling To The Impact Rule, Wallace Miller Iii
Mercer Law Review
In Strickland v. Hodges, the Georgia Court of Appeals held that there is no independent right of action in a parent for emotional harm suffered upon witnessing the extent of the injury his child has sustained as a result of a defendant's wilful and wanton negligence. An eleven year old girl suffered serious injuries arising out of a collision between the automobile in which she was riding and an automobile negligently operated by the defendant while admittedly under the influence of intoxicants. Although the child's parents were not present at the time of the accident, they became aware of …