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Full-Text Articles in Law

Malpractice By Veterinarians, Martin J. Strobel Jan 1966

Malpractice By Veterinarians, Martin J. Strobel

Cleveland State Law Review

The veterinarian's liability is measured by the same basic standards applicable to physicians and surgeons. In both fields the technical nature of the malpractice action creates special problems. To determine the issue of liability the jury must identify both the historical facts and the standard of care. Attempting to resolve issues of medical fact may be difficult for a lay jury; such resolution demanding as it does, not merely an appraisal of the witnesses' demeanor and character, but an evaluation of their stories in the context of the situation giving rise to the cause of action.


Some Bases For Remittitur In Personal Injury Cases, Robert Saxer Jan 1966

Some Bases For Remittitur In Personal Injury Cases, Robert Saxer

Cleveland State Law Review

In reviewing an award various factors before it can determine whether the award is so excessive that remittitur should be granted or a new trial ordered. Remittitur is justified when the award is based on computation errors, oversight or consideration of an improper element, or when, in view of the evidence, the judgment is excessive enough to indicate prejudice, passion, partiality or corruption on the part of the jury.


How Much Detention Constitutes False Imprisonment, Nancy F. Halliday Jan 1966

How Much Detention Constitutes False Imprisonment, Nancy F. Halliday

Cleveland State Law Review

Any intentional unlawful confinement of an individual, without his consent, for any length of time, no matter how short in duration, constitutes false imprisonment. This statement, however, leaves unanswered the question of what constitutes a lawful confinement.


Injuries From Fright Without Contact, Larry Grean Jan 1966

Injuries From Fright Without Contact, Larry Grean

Cleveland State Law Review

Mental distress situations occur throughout the field of torts in cases ranging from assault and trespass to seduction, false arrest, slander, malicious prosecution, and others. They occur in intentional and unintentional situations, and in cases where there is willful and wanton negligence. There may be mental distress over one's own predicament or over fear for the safety of a third party. Physical injuries may or may not result from the mental distress and the element of "impact" (contemporaneous physical injury) becomes an additional factor to consider. However, when it comes to the question of recovery for either mental distress alone …


Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte Jan 1966

Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte

Cleveland State Law Review

The burden of this paper is the extent to which a plaintiff in a malicious prosecution action will be permitted to recover damages for the injury he has suffered to his feelings. Simply stated, there is no serious legal question presented by this broad topic. In a malicious prosecution action based on criminal proceedings the plaintiff may recover damages for his mental suffering (and for the harm to his reputation) and the great majority of jurisdictions permit these damages to be recovered without special pleading or proof-i.e., these elements are considered to be general damages.


Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day Jan 1966

Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day

Cleveland State Law Review

To insure the focus of theme it is assumed for present purposes that the hurdles of proof and proximate cause in an actionable defamation have been cleared and that there is no concern with any other issues that may arise, offensively or defensively, in a defamation action beyond the propriety, or impropriety, of proving mental suffering as an element of compensable damage. Stated another way, the crux of the matter is whether mental anguish is, can, or ought to be classified as special damage in defamation actions. Punitive damages are, of course, an element of no relevance here except in …


The Terror Neurosis, David I. Sindell Jan 1966

The Terror Neurosis, David I. Sindell

Cleveland State Law Review

In 1934, Strauss and Savitzky wrote a paper' in which they elaborated a particular syndrome known as a "terror neuro- sis," and stated that it was frequently found in such natural disasters as earthquakes, or in sea or military disasters, and mining catastrophes. Physical injuries in these cases, they said, may be slight or absent. For this reason, Strauss and Savitzky objected to the use of the term "traumatic neurosis" on the ground that the neurosis had no physical cause as such.


Damages For Emotional Distress In Ohio, James G. Young Jan 1966

Damages For Emotional Distress In Ohio, James G. Young

Cleveland State Law Review

A review of Ohio cases reveals that Ohio law declares there cannot be recovery for mental distress unless it is accompanied by contemporaneous physical injury (i.e., contact), or unless the act was wilful, wanton or intentional. No Ohio cases were found where recovery for purely mental suffering, caused negligently, in and of itself was permitted.


Horseplay By Employees, Michael Kaye Jan 1966

Horseplay By Employees, Michael Kaye

Cleveland State Law Review

The trend of authority is strongly in favor of eliminating the aggressor defense from Workmen's Compensation law. The instigator, like the victim or participant in horseplay, is now likely to be compensated for his injuries resulting from sportive acts. This is looked on by the law as a reasonable consequence of the natural conditions of employment rather than as a deviation. "Horseplay" is the colloquial term referring to sportive and playful acts often used legalistically to describe the conduct of employees who skylark or prank, doing injury to themselves or to others. Sportive conduct includes assaults with or without an …


Refusal Of Charter Of A Non-Profit Corporation, David A. Zeitzheim Jan 1966

Refusal Of Charter Of A Non-Profit Corporation, David A. Zeitzheim

Cleveland State Law Review

Every state has provisions relating to the formation of non- profit corporations. The procedure for forming a non-profit corporation is similar to that of organizing a corporation for profit. The purpose of this note is to summarize the reasons for which a non-profit corporate charter may be refused by a state.


John Locke And The Declaration Of Independence, Kenneth D. Stern Jan 1966

John Locke And The Declaration Of Independence, Kenneth D. Stern

Cleveland State Law Review

In an article published in the Journal of the American Bar Association in 1949, Dean Clarence Manion, then Dean of the College of Law of the University of Notre Dame, stated, "It is misleading to attribute the philosophy of the Declaration (of Independence) to the writings of John Locke." Dean Manion feels that Locke implies that the rights of minority groups and even of individuals are subordinated to the dictates of the majority. Manion concluded that Jefferson's philosophy contrasts sharply with the Lockian creed. A more thorough examination of Locke's writings, however, tends to lead to the opposite conclusion.


Book Review, Alfred W. Gans Jan 1966

Book Review, Alfred W. Gans

Cleveland State Law Review

Reviewing Philip J. Hermann, Better Settlements Through Leverage, Acqueduct Books, 1965


A Revolution In The Law Practice, F. William Mccalpin Jan 1966

A Revolution In The Law Practice, F. William Mccalpin

Cleveland State Law Review

When I was a boy, there was a popular abbreviated saying, "Comes the revolution," with the usually unsaid, but well understood additive, "Things will be different around here." My suggestion in this writing is that we may well be on the verge of a revolution in the practice of law, and that things may indeed "be different around here" in the practice.


A Neighborhood Law Office: The New Haven Project, Charles D. Gill Jan 1966

A Neighborhood Law Office: The New Haven Project, Charles D. Gill

Cleveland State Law Review

The first new step taken by the New Haven community was the establishment of free legal services for the poor in offices located within poverty stricken neighborhoods. The offices serve all persons residing within a particular geographic area who meet a financial eligibility standard. Our services are available in both civil and criminal matters. The only type of cases specifically excluded are personal injury plaintiff suits, where there is the possibility of a contingent fee arrangement.


Legal Ethics And The Poverty Program, Kenneth D. Korosec Jan 1966

Legal Ethics And The Poverty Program, Kenneth D. Korosec

Cleveland State Law Review

This paper has attempted to reconcile the neighborhood legal services plan with the existing Canons of Professional Ethics.The prime argument is that the plan provides benefits to society, and that the Canons were designed to prevent evils far different from the questions presented by the project. This is the fundamental issue: whether the canons are merely bent, or, in reality, broken. In either event, the canons should not prevent justice for those too poor to pay for a lawyer. The"redeeming social interest" spoken of by the Court in obscenity cases and the "overriding social importance" talked about in social legislation …


The Solo Practitioner And The Poverty Program, Howard M. Rossen Jan 1966

The Solo Practitioner And The Poverty Program, Howard M. Rossen

Cleveland State Law Review

For economic reasons the young individual general practitioner must accept and handle practically all potential new business. He must expect to get, at first, repetitive legal matters that will constitute a large part of his early practice. And he must learn quickly how to handle a very demanding clientele. He will learn very quickly that solo practice is not the most lucrative type of law practice.


Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson Jan 1966

Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson

Cleveland State Law Review

The young attorney often may have time on his hands. He may be tempted to increase his following by advertising or by soliciting clients, but rules of the bar and statutes against solicitation prevent this. There are, of course, some forms of advertising open to all lawyers. National directories and law lists, such as the Martin dale-Hubbell Law Directory, theoretically published only for lawyers, not only advertise the attorney and his firm, but also list the names of any clients whom he wishes to give as representative of his practice and his specialties.


Motions In Limine, Tom H. Davis Jan 1966

Motions In Limine, Tom H. Davis

Cleveland State Law Review

Defendant's attorney in a tort or personal injury case can fumble, stumble and fall and win. A plaintiff's attorney can try his case perfectly and still lose. Since any charge of prejudicial tactics brought against the plaintiff usually will be more harmful than one brought against the defendant, it is the duty of the plaintiff's attorney to keep the case like "Caesar's wife," if he can.One of the best ways to accomplish this is through a motion in limine. For those who are not familiar with this practice, it is a motion, heard in advance of jury selection, which asks …


Retail Druggist's Warranty Of Drugs, Thomas M. Schmitz Jan 1966

Retail Druggist's Warranty Of Drugs, Thomas M. Schmitz

Cleveland State Law Review

Jurisdictions retaining a contractual warranty theory hold that a retail druggist warrants the wholesomeness, fitness, and merchantability of his products. This warranty applies to all drugs whether they are prescription drugs, proprietary drugs ,brand name drugs, or drugs sold in the original sealed containers. Liability for the sale of a prescription drug may be exempted if the patient relies on the physician's judgment, and liability for the sale of a brand name drug may be relieved if there is reliance on the manufacturer's reputation. Jurisdictions construing product warranty as a strict liability in tort will invariably hold a retail druggist …


Municipal Liability For Failure To Provide Police And Fire Protection, Charles F. Reusch Jan 1966

Municipal Liability For Failure To Provide Police And Fire Protection, Charles F. Reusch

Cleveland State Law Review

A municipal corporation generally has no duty to provide fire and police protection, and is not liable in tort or contract to private persons for losses suffered therefrom, unless a statute specifically allows recovery. The underlying reasoning for this comes from (1) the concept of governmental tort immunity when municipalities are engaged in governmental functions (fire-fighting and giving police protection are almost universally held to be governmental functions) and (2) the common law notion that, absent any duty imposed by statute, the municipal corporation cannot be liable for mere inactivity on the part of public servants which results in damage, …


Municipal Liability For Exemplary Damages, David H. Hines Jan 1966

Municipal Liability For Exemplary Damages, David H. Hines

Cleveland State Law Review

Although the law is not altogether free from doubt on the subject of municipal liability for exemplary damages, it is a settled principle that exemplary damages may not be recovered against a municipal corporation, nor a state, in the absence of statutory authority.


Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz Jan 1966

Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz

Cleveland State Law Review

The logic and validity of the public policy argument that to require insurance companies to pay punitive damages would place a burden upon the innocent insurance carrier, and ultimately the public itself, is weak and indefensible. The concern for not wanting to punish the insurance carrier, an innocent party, is not logical since any insurance company is an innocent party. The involvement is based on the contractual relationship of indemnification. If an insurance company does not wish to indemnify for punitive damages, then it should specifically exclude such coverage in the policy. In the absence of such a specific exclusion, …


Book Review, Joseph Stearns Jan 1966

Book Review, Joseph Stearns

Cleveland State Law Review

Reviewing Howard L. Oleck, Non-profit Corporations, Organizations and Associations, 2d.ed., Prentice Hall Inc., 1965


Book Review, Richard E. Hendricks Jan 1966

Book Review, Richard E. Hendricks

Cleveland State Law Review

Reviewing Neil Carter, Guide to Workmen's Compensation Claims: The Anatomy of the Claims Function, Roberts Publishing Corp., 1965


Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe Jan 1966

Duty Of Landlord To Put Tenant Into Possession, Loraine P. O'Keefe

Cleveland State Law Review

As pioneering judges base their decisions more and more on fairness and practicality, timeliness becomes an important test for any rule of law. This test becomes particularly pertinent when there exist, side by side, in connection with a single point of law, two irreconcilable views, both of which can boast of proud precedents and a heavy "weight of authority." Such are the two views in regard to the very old landlord-tenant problem with which we are here concerned: in the absence of an express provision, is there implied, in the lessor-lessee relationship itself, an obligation on the part of the …


How To Handle Medico-Legal Semantics, Hugh Miracle Jan 1966

How To Handle Medico-Legal Semantics, Hugh Miracle

Cleveland State Law Review

One of the main objectives of counsel in evidence presentation, both from the plaintiff and the defense side, is to instill in the minds of the jury a sufficiently clear and understandable knowledge of the medical facts of the case. In order to reach such a result, it is helpful to consider the medico-legal work in a trial from the viewpoint of semantics.


Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon Jan 1966

Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon

Cleveland State Law Review

By 1963 claims paid by insurance companies for "whiplash" injuries amounted to more than thirty per cent of the total claims paid. It was natural that the insurance companies began a campaign to discredit "whiplash" claims. The industry has been most successful in convincing many judges and jurors that these injuries often are faked by those claiming them. Since the publication of several articles concerning these neck injuries, the insurance industry has adopted a very cynical approach to all "whiplash" injuries. No other injury in the history of American jurisprudence has been the subject of such unfavorable publicity.


How To Try A Personal Injury Case, James Dooley Jan 1966

How To Try A Personal Injury Case, James Dooley

Cleveland State Law Review

Proper presentation of a case in court is dependent upon proper preparation. Proper presentation means an intimate knowledge of the facts, the parties, possible witnesses, and, o fcourse, the governing legal principles. Indeed, proper preparation means far more than knowledge. It embraces true compre-hension. Before an advocate can present his client's cause or meet his adversary on equal terms, he himself must completely understand the problem. Clear expression of an idea is impossible without a clear understanding of it.


Causation In Death After Trauma With Pre-Existing Cardiac Disease, S. R. Gerber Jan 1966

Causation In Death After Trauma With Pre-Existing Cardiac Disease, S. R. Gerber

Cleveland State Law Review

Adoption of commonly used words as synonyms for more precise terminology accepted for use within a profession leads to confusion when two or more professions employ the same word with different connotations. Thus, cause of death implies to the physician the etiology of the condition responsible for the terminal morbid process. In this respect, the physician considers the cause of death as the ultimate result of interaction of several conditions rather than a single entity.


Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley Jan 1966

Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley

Cleveland State Law Review

Commitment to a mental institution by itself does not, in all states, suspend civil rights. The court psychiatric unit is an early outpost of a preventive, coordinative venture which gives, at long last, practical humane expression to protection of and consideration for the civil rights of the mentally ill adult involuntary patient whose condition obstructs his capacity to demand such safeguards himself. Persons suffering from mental disorders are frequently too disabled to claim their civil rights themselves.