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Articles 661 - 690 of 712
Full-Text Articles in Civil Procedure
Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed.
Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed.
Michigan Law Review
The case of United States v. One De Soto Sedan has again focused attention on some of the perplexing problems raised by the statutory imposition of both criminal and civil sanctions for the same wrongful act. The court held that an acquittal in a criminal prosecution for possessing liquor on which no federal tax had been paid was a bar to a civil in rem proceeding to forfeit claimant's car as having been used in the removal, deposit and concealment of the same liquor with intent to defraud the United States of taxes. Since the two proceedings involved the same …
The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.
The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.
Michigan Law Review
Recent years have seen increasing effort on the part of courts to distinguish between civil and criminal contempts. This effort has been engendered by an awareness of the different procedural and substantive aspects of the two classifications. A discussion of these aspects, as well as of the tests used to distinguish civil and criminal contempts, is beyond the scope of this paper. Suffice it to say that those tests which have been applied leave much to be desired. The lack of clarity, so evident in prevailing tests, is in part a legacy from early decisions which permitted the two types …
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Michigan Law Review
One of the few real innovations in the Federal Rules of Civil Procedure is incorporated in Rule 20 which provides that a defendant who is arrested in a district other than that in which the indictment has been returned may declare in writing his desire to plead guilty and waive trial in the district of the crime. In this event, with the approval of the United States Attornies for both districts, the clerk of the court to which the indictment was returned is authorized to forward the papers to the clerk of the court for the district in which the …
New Trial--The Admissibility Of Jurors In Support Of A Motion For A New Trial In Kentucky, William H. Coldiron
New Trial--The Admissibility Of Jurors In Support Of A Motion For A New Trial In Kentucky, William H. Coldiron
Kentucky Law Journal
No abstract provided.
The Rule Of Dying Declarations, Leo E. Oxley
The Rule Of Dying Declarations, Leo E. Oxley
Kentucky Law Journal
No abstract provided.
Selecting Jurors, Harry E. Watkins
New Federal Rules And Procedural Reform In Indiana, Bernard C. Gavit
New Federal Rules And Procedural Reform In Indiana, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit
The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Mind Of The Juror, Stephen Ailes
The New Federal Rules And Indiana Procedure, Bernard C. Gavit
The New Federal Rules And Indiana Procedure, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Theory And Practice Of Pre-Trial Procedure, Edson R. Sunderland
The Theory And Practice Of Pre-Trial Procedure, Edson R. Sunderland
Michigan Law Review
Pre-trial civil procedure under the English common-law system consisted only of pleading. Whatever the rules of pleading could accomplish in the way of defining and restricting issues contributed to the efficiency of the trial. What could not be done by the rules of pleading could not be done at all.
The great weakness of pleading as a means for developing and presenting issues of fact for trial lay in its total lack of any means for testing the factual basis for the pleader's allegations and denials. They might rest upon the soundest evidence, or they might rest upon nothing at …
Legislation--Service Of Process On Nonresident Motorists, Edmund C. Dickinson
Legislation--Service Of Process On Nonresident Motorists, Edmund C. Dickinson
West Virginia Law Review
No abstract provided.
The Problem Of Jury Instructions, Haymond Maxwell
The Problem Of Jury Instructions, Haymond Maxwell
West Virginia Law Review
The question of instructions to juries is a perennial problem with practitioners and judges. Having in mind the seriousness of this subject, the Judicial Council of West Virginia, some months ago, formulated a program for thorough investigation and consideration of the instructions enigma. In response to the council's request that it render assistance in the matter, the faculty of the College of Law of West Virginia University caused to be made a synopsis of all the state statutes dealing with instructions. Only a few of the states have no such statutes. Virginia is among that small number. Though I am …
Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis
Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis
West Virginia Law Review
No abstract provided.
Waiver Of Trial By Jury; A Further Comment, Leo Carlin
Waiver Of Trial By Jury; A Further Comment, Leo Carlin
West Virginia Law Review
No abstract provided.
Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence
Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence
West Virginia Law Review
No abstract provided.
Verdict--Juror's Assent--What Constitutes, Paul D. Farr
Verdict--Juror's Assent--What Constitutes, Paul D. Farr
West Virginia Law Review
No abstract provided.
New Rules Of The Supreme Court, Bernard C. Gavit
New Rules Of The Supreme Court, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance
Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance
Michigan Law Review
At the suit of X Traction Company defendants had been enjoined from operating busses along streets upon which plaintiff operated its cars. The latter .filed an information in the name of the State charging the defendants with wilful violation of the restraining order, and moved for an attachment for contempt, and for the infliction of "such penalties as are or may be necessary to compel observance." Defendants filed motions to discharge, and also answers for the purpose of purging themselves of the alleged contempt. Upon trial, at which evidence was received, the court found defendants guilty, and levied fines. Defendants …
Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit
Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Jury Trial, Waiver Thereof And The Alternate Juror, Alfred A. Naff
Jury Trial, Waiver Thereof And The Alternate Juror, Alfred A. Naff
Kentucky Law Journal
No abstract provided.
Trial--Polling The Jury--Manner Of Conducting, E. Gaujot Bias
Trial--Polling The Jury--Manner Of Conducting, E. Gaujot Bias
West Virginia Law Review
No abstract provided.
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Indiana Law Journal
An address delivered to the Indiana State Bar Association at Indianapolis, Thursday, December 18, 1930.
Relation Between Separate Instructions To The Jury, Leo Carlin
Relation Between Separate Instructions To The Jury, Leo Carlin
West Virginia Law Review
No abstract provided.
Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland
Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland
West Virginia Law Review
No abstract provided.
Report To The Committee On Judicial Administration And Legal Reform Of The West Virginia Bar Association Containing Suggestions Concerning Pleading And Practice In West Virginia, Thurman W. Arnold, James W. Simonton, Harold C. Havighurst
Report To The Committee On Judicial Administration And Legal Reform Of The West Virginia Bar Association Containing Suggestions Concerning Pleading And Practice In West Virginia, Thurman W. Arnold, James W. Simonton, Harold C. Havighurst
West Virginia Law Review
No abstract provided.
Should The Jury System Be Abolished, T. W. A.
Should The Jury System Be Abolished, T. W. A.
West Virginia Law Review
No abstract provided.
Elimination Of General Verdicts And Instructions To Juries, Thomas H. S. Curd
Elimination Of General Verdicts And Instructions To Juries, Thomas H. S. Curd
West Virginia Law Review
No abstract provided.
The Right To A Jury Trial In West Virginia, L. C.
The Right To A Jury Trial In West Virginia, L. C.
West Virginia Law Review
No abstract provided.