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Articles 601 - 630 of 712

Full-Text Articles in Civil Procedure

Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


The Influence Of Jury Deliberation On Juror Perception Of Trial, Credibility, And Damage Awards, S. Femi Sonaike Nov 1978

The Influence Of Jury Deliberation On Juror Perception Of Trial, Credibility, And Damage Awards, S. Femi Sonaike

BYU Law Review

No abstract provided.


Impeachment Of One's Own Witness By Prior Inconsistent Statements Under The Federal And Arkansas Rules Of Evidence, Samuel A. Perroni Oct 1978

Impeachment Of One's Own Witness By Prior Inconsistent Statements Under The Federal And Arkansas Rules Of Evidence, Samuel A. Perroni

University of Arkansas at Little Rock Law Review

No abstract provided.


Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis Jan 1978

Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis

University of Richmond Law Review

In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."


Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney Sep 1977

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1976 Apr 1977

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.


Learned Treatises In Illinois: Are We Witnessing The Birth Of A New Hearsay Exception?, Robert G. Spector Jan 1977

Learned Treatises In Illinois: Are We Witnessing The Birth Of A New Hearsay Exception?, Robert G. Spector

Loyola University Chicago Law Journal

No abstract provided.


Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst Jan 1977

Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst

University of Richmond Law Review

The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …


Self-Incrimination In The Military Justice System, Randall R. Riggs Oct 1976

Self-Incrimination In The Military Justice System, Randall R. Riggs

Indiana Law Journal

United States Court of Military Appeals: A Review of the 1975-76 Term.


Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef Oct 1976

Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.


Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef Jul 1976

Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.


Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach Jun 1976

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.


United States V. Maccollom, Lewis F. Powell Jr. Oct 1975

United States V. Maccollom, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Tsc Industries Inc. V. Northway, Inc., Lewis F. Powell Jr. Oct 1975

Tsc Industries Inc. V. Northway, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Notice In Juvenile Delinquency Proceedings, Adrienne Volenik Jan 1975

Notice In Juvenile Delinquency Proceedings, Adrienne Volenik

Law Faculty Publications

Despite these suggestions, the problem of what constitutes adequate notice continues to plague juvenile courts. Furthermore, by suggesting two criminal and two civil cases as examples, the Court added the issue of whether a civil or a criminal standard for notice should be applied. Courts that have addressed this issue have reached different conclusions.


The Omnibus Proceeding: Clarification Of Discovery In The Federal Courts And Other Benefits., J. Michael Myers Jun 1974

The Omnibus Proceeding: Clarification Of Discovery In The Federal Courts And Other Benefits., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.


Restricted Venue In Suits Against National Banks: A Procedural Anachronism Oct 1973

Restricted Venue In Suits Against National Banks: A Procedural Anachronism

William & Mary Law Review

No abstract provided.


The Federal Jury., Joe J. Fisher Mar 1973

The Federal Jury., Joe J. Fisher

St. Mary's Law Journal

Abstract Forthcoming.


Arizona's Inferior Courts, Harold H. Bruff Jan 1973

Arizona's Inferior Courts, Harold H. Bruff

Publications

For many citizens Arizona's inferior courts provide their primary, perhaps only, contact with the state's justice system. This Article--based in large part upon a thorough empirical and personal study of these lower courts--discusses the role that the courts play, the procedures that they observe, the qualifications of the personnel they employ, and the sufficiency of the justice they render. These findings are then evaluated, and recommendations for change are made.


Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr. Oct 1972

Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost Sep 1972

The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost

West Virginia Law Review

Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Recent Legislation, J. Rodney Johnson Jan 1972

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.


Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman Jan 1972

Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman

Cleveland State Law Review

The maxim "Justice delayed is justice denied" is an expression which is becoming all too meaningful in our courts today. Many of the large metropolitan courts in this country are being strangled by the ever-increasing backlog of cases. ...In most court systems, continuance policies are either non-existent or couched in vague terms such as "good cause shown.' It is the aim of this study to formulate guidelines for a sound continuance policy which will serve to speed the administration of justice without interfering with the high standard of judicial fairness necessary to proper adjudication.


Deadlocked Juries-The "Allen Charge" Is Defuse Jan 1972

Deadlocked Juries-The "Allen Charge" Is Defuse

University of Richmond Law Review

A deadlocked jury remains an ever-present problem to a judge whose docket is filled with cases to be litigated. Throughout history, crude methods of coercion have been -employed by judges to pry a verdict from a deadlocked jury. While such methods have long since been abandoned, a more subtle, though equally effective, device known as the "Allen charge" is still utilized today to bring about the same result.


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 …


Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.


Personality Tests For Prospective Jurors, C. David Emerson Jan 1968

Personality Tests For Prospective Jurors, C. David Emerson

Kentucky Law Journal

No abstract provided.


Some Observations On The Origin And Structure Of Evidence Rules Under The Common Law System And The Civil Law System Of "Free Proof" In The German Code Of Criminal Procedure, Karl H. Kunert Oct 1966

Some Observations On The Origin And Structure Of Evidence Rules Under The Common Law System And The Civil Law System Of "Free Proof" In The German Code Of Criminal Procedure, Karl H. Kunert

Buffalo Law Review

No abstract provided.


Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review Feb 1966

Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review

Michigan Law Review

The overwhelming majority of courts considering the issue without the aid of pertinent legislation have held that a record of a prior criminal conviction may not be used against a convicted person in subsequent civil proceedings arising from the same facts as the criminal prosecution but to which the state is not a party. It is admissible neither as evidence of the facts underlying it, nor as the basis of an estoppel preventing the convicted party from relitigating those issues which must have been decided against him in the criminal trial for the judge or jury to have found him …