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St. Mary's University

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Articles 31 - 45 of 45

Full-Text Articles in Civil Law

Deterrence And Origin Of Legal System: Evidence From 1950-1999, Michael L. Smith Jan 2005

Deterrence And Origin Of Legal System: Evidence From 1950-1999, Michael L. Smith

Faculty Articles

This article offers evidence on legal systems' deterrence of acts that may cause harm, which extends law—and finance—literature comparing common law and civil code systems. Fatality rates from two causes are used to gauge deterrence: (1) motor vehicle accidents and (2) accidents other than motor vehicle. Both vary significantly across countries classified by origin of legal system. The data cover 50 years, offering evidence on evolution of differences over time. Findings for accidents other than motor vehicle are evidence on legal system flexibility, as the diffuse set of causes increases the difficulty of specifying harmful actions ex ante.


Jury Selection: Innovative Approaches To Both Civil And Criminal Litigation., Margaret Covington Sep 1985

Jury Selection: Innovative Approaches To Both Civil And Criminal Litigation., Margaret Covington

St. Mary's Law Journal

Abstract Forthcoming.


Arbitration: Making Court-Annexed Arbitration An Attractive Alternative In Texas., Peter F. Gazda Jan 1985

Arbitration: Making Court-Annexed Arbitration An Attractive Alternative In Texas., Peter F. Gazda

St. Mary's Law Journal

Abstract Forthcoming.


Anatomy Of A Trial Of A Warranty Case., Don D. Bush Mar 1983

Anatomy Of A Trial Of A Warranty Case., Don D. Bush

St. Mary's Law Journal

Abstract forthcoming.


Illegitimacy: Suggestions For Reform Following Mills V. Habluetzel., Reverend Raymond C. O'Brien Mar 1983

Illegitimacy: Suggestions For Reform Following Mills V. Habluetzel., Reverend Raymond C. O'Brien

St. Mary's Law Journal

Abstract forthcoming.


A Public Official May Be Granted Punitive Damages Without Seeking Or Recovering Actual Damages If The Statement Is Libelous Per Se., G. Franco Mondini Mar 1983

A Public Official May Be Granted Punitive Damages Without Seeking Or Recovering Actual Damages If The Statement Is Libelous Per Se., G. Franco Mondini

St. Mary's Law Journal

Abstract forthcoming.


Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter Dec 1980

Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter

St. Mary's Law Journal

Abstract Forthcoming.


Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke Apr 1980

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.


Survey Of Literature On Discovery From 1970 To The Present: Expressed Dissatisfactions And Proposed Reforms, Daniel Segal Jul 1978

Survey Of Literature On Discovery From 1970 To The Present: Expressed Dissatisfactions And Proposed Reforms, Daniel Segal

Federal Judicial Center Reports

Eight years have passed since the last major revision of the discovery provisions of the Federal Rules of Civil Procedure. During those years, there has been a substantial amount of writing on the discovery rules. While much of it has been aimed at helping practitioners understand the rules, a large portion has been critical in nature, examining how well the rules are functioning, isolating their problem areas and making suggestions for reform. It was the purpose of the study on which this Report is based to survey and analyze that critical literature. The Report's first section sets out in detail …


Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman Jun 1978

Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman

Federal Judicial Center Reports

This report should be viewed as a beginning. It explores from one perspective the operation of the federal rules governing discovery as revealed in more than 7,000 docketed requests appearing in more than 3,000 terminated cases in six United States district courts, (A survey of practitioners in the six districts suggests that the docketed requests cover the great bulk of discovery activity.) The report is a continuation of the Center's District court studies Project, the first report of which (Case Management and Court Management in United States District Court) appeared several months ago.


Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell Sep 1976

Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell

St. Mary's Law Journal

Abstract Forthcoming.


Summary Judgment: Let The Movant Beware., Patrick K. Sheehan Jun 1976

Summary Judgment: Let The Movant Beware., Patrick K. Sheehan

St. Mary's Law Journal

Abstract Forthcoming.


Exclusion Of Depositions From The Jury Room: An Anachronism In Texas Rule 281., George H. Spencer Jr. Mar 1976

Exclusion Of Depositions From The Jury Room: An Anachronism In Texas Rule 281., George H. Spencer Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Interlocutory Orders Are Not Appealable In Government Civil Antitrust Litigation., Donald C. Mccleary Mar 1973

Interlocutory Orders Are Not Appealable In Government Civil Antitrust Litigation., Donald C. Mccleary

St. Mary's Law Journal

Abstract Forthcoming.


Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton Mar 1970

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …