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Powers Of Chinese Courts, Chao-Lung Yang Dec 1947

Powers Of Chinese Courts, Chao-Lung Yang

Vanderbilt Law Review

The Chinese legal system has recently aroused the interest of not a few Western scholars. But little has been written about the powers of the Chinese courts. It has been said-and it is true-that the Chinese legal system belongs to the Continental type. It will, therefore, be interesting to see in what way it is different from the Anglo-American system. Generally speaking, opinions may differ as to the fundamental features which distinguish the Continental legal system from the Anglo-American. But it may perhaps b e said that such features lie more in the sphere of adjective law and legal technique …


Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed. Dec 1947

Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed.

Michigan Law Review

Defendants, labor union officers, were indicted for conspiracy and extortion. The state moved for a "blue ribbon" jury. Defendants objected to the "blue ribbon" panel on grounds of denial of due process and equal protection; first, because laborers and women were unlawfully excluded from the panel, and also because "blue ribbon" juries were more inclined to convict than common juries. Defendants later accepted each individual juror. Defendants were convicted and the New York appellate court affirmed. The United States Supreme Court granted certiorari. Held, affirmed. Defendants failed to show any intentional and purposeful exclusion which would be prejudicial to …


Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed. Dec 1947

Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed.

Michigan Law Review

A court which has issued a permanent injunction may, under certain conditions, open and modify or dissolve the injunction even though the decree in the original action has become final. This power is said to be justified by the continuing operation of the injunction, which regulates future conduct as well as determining the rights of the parties as of the date of rendition of the decree. The same proposition can be restated by saying that injunctions are issued to protect existing rights, but provide no immunity against modification of those rights because of later changes in the applicable law or …


Federal Courts-Rules Of Civil Procedure-Construction Of Rule 50 (B), Daniel W. Reddin, Ii Dec 1947

Federal Courts-Rules Of Civil Procedure-Construction Of Rule 50 (B), Daniel W. Reddin, Ii

Michigan Law Review

This action was brought in a South Carolina state court and removed to the federal district court on grounds of diversity of citizenship. After the evidence of both parties had been presented, the court denied defendant's motion for a directed verdict. Thereafter, the jury returned a verdict for the plaintiff. Although defendant filed a motion for a new trial on grounds of newly discovered evidence which the court denied, he did not move to have the verdict and judgment set aside and to have judgment entered in his favor as he might have done under Rule 50 (b) of the …


Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey Dec 1947

Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey

Michigan Law Review

Plaintiff's cause of action arose under the federal Merchant Marine Act, which grants a right to trial by jury. Plaintiff recovered judgment and on appeal defendant asked the court to determine the damages pursuant to provision in the Oregon Constitution vesting in the supreme court the power to determine from the evidence the extent of a plaintiff's damages and to direct the entry of a final judgment for the amount thereof, on appeal from a jury's verdict awarding damages claimed by the defendant to be excessive. Held, the provision is inapplicable in cases arising under the federal Merchant Marine …


Abatement And Revival-Federal Courts-Abatement Of Action By Federal Official Unless Successor Substituted As Party Plaintiff Within Six Months, John M. Veale S.Ed. Nov 1947

Abatement And Revival-Federal Courts-Abatement Of Action By Federal Official Unless Successor Substituted As Party Plaintiff Within Six Months, John M. Veale S.Ed.

Michigan Law Review

The administrator of the Office of Price Administration began an action on behalf of the United States against the defendant to enforce certain penalties for the violation of the Emergency Price Control Act. While the action was pending the administrator was succeeded in office. Counsel for the government, however, failed to move to substitute his successor as a party plaintiff until more than six months thereafter. The defendant then moved to dismiss the action on the grounds that unless such substitution was made within the six months specified by section 780 of the Judicial Code and Rule 25(d), Federal Rules …


Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed. Nov 1947

Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed.

Michigan Law Review

Plaintiff, a resident of New York, and a policyholder in defendant Illinois corporation, brought a suit in the United States District Court in New York to force one of defendant's directors and another corporation to account to defendant for alleged waste of its corporate assets. Defendant moved for dismissal on the grounds that the suit would involve interference with the internal affairs of a foreign corporation, and that. the suit in New York would work great hardship, since the defendant would be required to transport many records and witnesses from Illinois to New York at great expense. The suit was …


Federal Courts-Forum Non Conveniens Applied In Negligence Action, Edward S. Tripp S.Ed. Nov 1947

Federal Courts-Forum Non Conveniens Applied In Negligence Action, Edward S. Tripp S.Ed.

Michigan Law Review

ln a Federal District Court in New York, plaintiff, a resident of Virginia, sued defendant, a Pennsylvania corporation doing business in New York and Virginia, for negligent destruction of plaintiff's warehouse in Virginia. Defendant moved to dismiss on the ground that suit in New York would not be proper because neither plaintiff nor defendant was a resident of New York, the cause of action arose in Virginia, and because suit in New York would work great hardship on defendant since it would be unable to compel the attendance of material witnesses resident in Virginia, nor could it join, as defendant, …


Forum Non Conveniens In The Federal Courts Oct 1947

Forum Non Conveniens In The Federal Courts

Indiana Law Journal

Federal Jurisdiction Note


Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer Jun 1947

Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer

Michigan Law Review

A citizen of Virginia brought suit in a North Carolina court against a citizen of North Carolina for a deficiency judgment on a note executed in Virginia ·for the purchase of land in Virginia. Defendant's demurrer to the complaint on the ground that a North Carolina statute precluded recovery was - overruled; defendant appealed. In spite of plaintiff's contention that the statute was an invalid abridgment of the full faith and credit clause of Article IV of the Constitution of the United States, the North Carolina Supreme Court held that the statute effectively barred the action from the state courts …


Bankruptcy - Chapter X Reorganization - Power Of The Trustee To Sue In A Foreign Jurisdiction, Shubrick T. Kothe S.Ed. May 1947

Bankruptcy - Chapter X Reorganization - Power Of The Trustee To Sue In A Foreign Jurisdiction, Shubrick T. Kothe S.Ed.

Michigan Law Review

Plaintiffs, trustees appointed under Chapter X of the Bankruptcy Act, as amended, by the District Court for the Eastern District of Virginia, sued defendants in the District Court for the Southern District of New York to recover corporate assets, alleging a conspiracy to defraud the debtor corporation. Jurisdiction was rested, not upon diversity of citizenship, but upon sections 2 and 102 of the Bankruptcy Act, and certain sections of the Judicial Code, not pertinent here. The district court dismissed the action for want of jurisdiction. On appeal, held, reversed. The reorganization trustee under Chapter X may maintain an action …


Pre-Trial Procedure In Indiana Apr 1947

Pre-Trial Procedure In Indiana

Indiana Law Journal

Notes and Comments: Procedure


Federal Courts-Federal Rules Of Civil Procedure-Duty Of Court In Non-Jury Action On Motion To Dismiss Under Rule 41 (B), Merrill N. Johnson Apr 1947

Federal Courts-Federal Rules Of Civil Procedure-Duty Of Court In Non-Jury Action On Motion To Dismiss Under Rule 41 (B), Merrill N. Johnson

Michigan Law Review

The federal government brought an action to restrain the United States Gypsum Company and thirteen other corporate and individual defendants from alleged violations of the Sherman Anti-Trust Act. Most of the government's evidence came from defendant's officers, employees, and documents with the result that evidence favorable to both the plaintiff and defendants was presented. The government's case required over five months to present and 10,000 pages to record. The defendants then moved to dismiss the complaint with prejudice under Rule 41 (b). In the hearing on this motion, the government contended that the sole question presented was one of law, …


Judicial Discretion In Common Law Courts, Richard B. Spindle Mar 1947

Judicial Discretion In Common Law Courts, Richard B. Spindle

Washington and Lee Law Review

No abstract provided.


Volume 19 (1945-1947) Jan 1947

Volume 19 (1945-1947)

Tennessee Law Review

No abstract provided.


Book Review. Mason, A.T., Brandeis, A Free Man's Life, Ralph F. Fuchs Jan 1947

Book Review. Mason, A.T., Brandeis, A Free Man's Life, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


The United States Supreme Court: 1946-47, John P. Frank Jan 1947

The United States Supreme Court: 1946-47, John P. Frank

Articles by Maurer Faculty

No abstract provided.


Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey Jan 1947

Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed. Jan 1947

States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed.

Michigan Law Review

Although deriving its force and effect from the medieval period, the doctrine of sovereign immunity retains much of its original influence. Historically, the doctrine is based upon the rule that no suit may be brought against the King without his consent. This concept found its way into international law, and from this source was derived the freedom from suit that our individual states enjoy in their own courts. With the development of the federal union, new problems arose and many were resolved by the adoption of the Eleventh Amendment, which forbids suit against a state in a federal court by …


Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson Jan 1947

Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson

Michigan Law Review

The editor and publisher of the Miami Herald published two editorials and a cartoon which inaccurately portrayed the local circuit court as willing to "accept, even go out to find, every possible technicality of the law to protect the defendant, to block, thwart, hinder, embarass and nullify prosecution" in certain criminal cases then before the court. They were cited in contempt of the circuit court for tending to obstruct and interfere with the impartial administration of justice. Found guilty of the charges, the petitioners appealed to the Florida Supreme Court, which affirmed the decision declaring that the object of the …


Disqualification Of Judges, John P. Frank Jan 1947

Disqualification Of Judges, John P. Frank

Articles by Maurer Faculty

No abstract provided.


The Supreme Court And The Conflict Of Laws, Fowler V. Harper Jan 1947

The Supreme Court And The Conflict Of Laws, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.


Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles Jan 1947

Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles

Michigan Law Review

The current volume in the Michigan Legal Studies, Problems in Probate Law: Model Probate Code, is an outstanding example of what can be achieved by the cooperation of a professional association and a well-financed and forward-looking law school. The Probate Division of the Section of Real Property, Probate and Trust Law of the American Bar Association initiated the project of preparing a model probate code and sponsored the project through to completion. The code is the Probate Division's proudest achievement. But the code would not have been possible without the Herculean labors of Professor Lewis M. Simes, Director of …


Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr. Jan 1947

Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.