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Articles 631 - 660 of 712
Full-Text Articles in Civil Procedure
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.
The Motion To Strike Out The Evidence In Virginia, J. Brendel
The Motion To Strike Out The Evidence In Virginia, J. Brendel
William & Mary Law Review
No abstract provided.
Book Review, Ira Michael Heyman, Michael E. Tigar
Book Review, Ira Michael Heyman, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Scope Of Permissible Cross-Examination Of A Party Litigant Or Defendant In A Jury Trial In West Virginia, Lee Ames Luce
The Scope Of Permissible Cross-Examination Of A Party Litigant Or Defendant In A Jury Trial In West Virginia, Lee Ames Luce
West Virginia Law Review
Two fundamental restrictions limit the permissible scope of the cross-examination of a party litigant or defendant in a jury trial. One is the evidentiary restriction limiting cross-examination to those matters discussed in chief, and the second is the constitutional privilege against compulsory self-incrimination. The purpose of this note is to examine the development and application of these restrictions in West Virginia jurisprudence.
Conflict Of Laws--Appointment Of A Valid Agent For Service Of Process, William Walter Smith
Conflict Of Laws--Appointment Of A Valid Agent For Service Of Process, William Walter Smith
West Virginia Law Review
No abstract provided.
Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt
Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder
The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder
Michigan Law Review
The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.
Collateral Estoppel In Successive'criminal And Civil Actions
Collateral Estoppel In Successive'criminal And Civil Actions
Washington and Lee Law Review
No abstract provided.
Comments On Recent Cases, Charles W. Ehrhardt
Comments On Recent Cases, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
West Virginia Law Review
No abstract provided.
Federal Procedure- Pre-Trail Disclosures- Sanctions Available To Enforce Pre-Trial Orders, John M. Price
Federal Procedure- Pre-Trail Disclosures- Sanctions Available To Enforce Pre-Trial Orders, John M. Price
Michigan Law Review
Petitioner, plaintiff in an action in federal district court, was ordered under Federal Rule 16 to submit pre-trial statements setting out the facts of the case, his damages, his witnesses and exhibits, and his legal theories of recovery. His counsel filed statements which were adjudged insufficient, and a pre-trial order was entered precluding petitioner from offering at trial any testimony by witnesses other than himself and his wife, or any evidence concerning liability in negligence or breach of warranty, and limiting his exhibits and evidence of damages. On petition for mandamus to set aside the preclusion order, held, granted, …
Instructing A Jury In Washington, Lloyd L. Wiehl
Instructing A Jury In Washington, Lloyd L. Wiehl
Washington Law Review
One of the most burdensome, time-consuming and vexing aspects of a jury trial is the preparation of jury instructions. Several matters in the area of instructions are particularly troublesome in Washington, and the purpose of this article is to analyze some of them, point out certain pitfalls, and make certain suggestions, with emphasis on simplification and standardization.
Jurors And The Sanctity Of Their Verdicts, Lee O'Hanlon Hill
Jurors And The Sanctity Of Their Verdicts, Lee O'Hanlon Hill
West Virginia Law Review
No abstract provided.
Recent Ohio Procedure Changes, Lee E. Skeel
Recent Ohio Procedure Changes, Lee E. Skeel
Cleveland State Law Review
It might be well to begin by giving consideration to the recent cases dealing with appellate procedure, before considering statutory changes. The questions of when a motion for new trial tolls the time for giving notice of appeal, and what constitutes a final order, have been given consideration in recent cases.
Trial--Unintended Courtroom Influence--When New Trial Warranted, O. A. J.
Trial--Unintended Courtroom Influence--When New Trial Warranted, O. A. J.
West Virginia Law Review
No abstract provided.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Michigan Law Review
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Michigan Law Review
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?
Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg
Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg
Michigan Law Review
Over the course of the past twenty years, the desirability of trial by jury has been a subject of constant debate. In contrast, the matter of jury selection has been given little direct attention. Yet it is obvious that if consideration is given to improvements in selection procedure aimed primarily at raising the calibre of the jury panel, disappointment in the judicial process due to the general ineptness of jurors can be decreased. It is true that the fate of a litigant often is entirely within the discretion of the jury. This is not necessarily a reason for the abandonment …
Book Review, Joy Seth Hurd
Book Review, Joy Seth Hurd
Cleveland State Law Review
Reviewing Lee E. Skeel, Skeel's Appellate Law, Practice and Forms, (A Complete Ohio Appellate Manual), Banks Baldwin Co., 1958
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder
Washington Law Review
On January 2, 1957, the Supreme Court of Washington published the pleading and party rules, previously recommended by the Judicial Council for adoption as part of the procedural law of this state. The court did not make the rules effective but requested criticism and study by members of the bar. This preliminary publication permits examination for possible defects in the new procedure and acquaints the lawyers of the state with the rules in advance of their effective date. For aid in the study of the proposed rules, this article will review the general changes they would make in present Washington …
Book Review, William K. Gardner
Book Review, William K. Gardner
Cleveland State Law Review
Reviewing Frank C. Leyshon, The Ohio Practice Manual, W.H. Anderson Co., 1956
Procedure, Section I - The Pleading Stage (Survey Of Virginia Case Law - 1955), Montgomery Knight Jr.
Procedure, Section I - The Pleading Stage (Survey Of Virginia Case Law - 1955), Montgomery Knight Jr.
William and Mary Review of Virginia Law
No abstract provided.
Procedure, Section Ii - Issue For Jury (Survey Of Virginia Case Law - 1955), James A. Leftwich
Procedure, Section Ii - Issue For Jury (Survey Of Virginia Case Law - 1955), James A. Leftwich
William and Mary Review of Virginia Law
No abstract provided.
Procedure, Section Iii - Objections, Right To Appeal (Survey Of Virginia Case Law - 1955), James P. Mcgeein
Procedure, Section Iii - Objections, Right To Appeal (Survey Of Virginia Case Law - 1955), James P. Mcgeein
William and Mary Review of Virginia Law
No abstract provided.
Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie
Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie
Michigan Law Review
The expansion of the law of conspiracy and the increasing number of prosecutions for its violation have been much commented on lately. Many kinds of anti-social conduct directed principally against the public welfare are now frequently punished by prosecution for conspiracy instead of prosecution for the substantive offense. Conspiracy is an ideal way to deal with organized crime and has been used extensively against quasi-treasonous activities. Similarly the Sherman Act's criminal sanctions are primarily couched in terms of conspiracy and the civil conspiracy action for divestiture or dissolution is the usual method of enforcing the antitrust laws. This emphasis on …
Vanderbilt: Cases And Materials On Modern Procedure And Judicial Administration, Charles W. Joiner
Vanderbilt: Cases And Materials On Modern Procedure And Judicial Administration, Charles W. Joiner
Michigan Law Review
A Review of CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION by Arthur T. Vanderbilt.
Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes
Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes
Journal of Legal Education
No abstract provided.
Forensic Persuasion, Arthur T. Vanderbilt
Forensic Persuasion, Arthur T. Vanderbilt
Washington and Lee Law Review
No abstract provided.
Common Law Pleading Modified Versus The Federal Rules, Marlyn E. Lugar
Common Law Pleading Modified Versus The Federal Rules, Marlyn E. Lugar
West Virginia Law Review
No abstract provided.