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1992

Litigation

Mercer University School of Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Trial Practice And Procedure, David A. Forehand Jr., Ken M. Nimmons Dec 1992

Trial Practice And Procedure, David A. Forehand Jr., Ken M. Nimmons

Mercer Law Review

The majority of a trial lawyer's work is completed before the jury is placed in the box. The extent of trial preparation is the only means by which one* can arguably predict success. The authors of this Article hope that the reader will view the law of trial practice and procedure as modern day weaponry in the war to preserve justice. To paraphrase Mark Twain, it is a worthy thing to fight one's own fight; it is another sight finer to fight for another man's.


Appellate Practice And Procedure, Kathryn L. Allen, William M. Droze Jul 1992

Appellate Practice And Procedure, Kathryn L. Allen, William M. Droze

Mercer Law Review

This survey Article tracks the 1991 developments in appellate practice and procedure for the United States Court of Appeals for the Eleventh Circuit.

  • Jurisdiction
  • Standard of Review
  • Waiver of Right to Appellate Consideration and Harmless Error
  • Miscellaneous Issues: Authority of the Court of Appeals


Trial Practice And Procedure, Benton J. Mathis Jr., Leigh C. Lawson Jul 1992

Trial Practice And Procedure, Benton J. Mathis Jr., Leigh C. Lawson

Mercer Law Review

This Article surveys the 1991 decisions of the Eleventh Circuit Court of Appeals that made a significant impact upon the area of trial practice and procedure. One of the most important developments in this area of law occurred in the case Wright v. Preferred Research, Inc. In Wright the Eleventh Circuit examined closely Federal Rule of Civil Procedure 58 and, in a case of first impression, held that when a district court amends a judgment, Rule 58 did not require that a separate document, setting out the terms of the remitted judgment, be entered before the time for the appeal …