Civil Procedure Commons^™

Kentucky Law Survey: Civil Procedure, John H. Garvey, Bill Dorris

Kentucky Law Journal

No abstract provided.

The Demise Of Substantive Time Limitations In Illinois, 11 J. Marshall J. Of Prac. & Proc. 579 (1978), Daniel D. Maynard

UIC Law Review

No abstract provided.

Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne

Cleveland State Law Review

The adoption of the Ohio Rules of Civil Procedure on July 1, 1970, ushered in the age of "Pleader's Lib" for the plaintiff's attorney. In code days, a pleader had to allege facts which showed a cause of action. Under the rules, however, a statement of claim' need only state the bare operative facts which show that the claimant has a claim for relief, and the complaint cannot be dismissed for failure to state such a claim unless it appears beyond doubt from the face of the pleading that the claimant can prove no set of facts entitling him or …

Kentucky Law Survey: Civil Procedure, William S. Cooper

Kentucky Law Journal

No abstract provided.

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.

The Use Of Advisory Juries In Obscenity Cases, Jeffrey B. Berman

Faculty Works

Almost two hundred years ago, the Founding Fathers faced the question of whether or not the Constitution should provide for a trial by jury in civil cases in federal courts. The Constitutional Convention said no, 1 but the state ratifying conventions said yes and won the day. Today, trial judges must periodically face the question of whether or not there is a right to a trial by jury in civil cases. The trial judge's decision is, however, different from that of the Founding Fathers. The trial judge must decide whether a right to a jury trial exists in a particular …

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Recent Cases, Sara P. Walsh, Don B. Cannada, Frances L. Adams, William T. Luedke, Iv

Vanderbilt Law Review

Civil Procedure - Appellate Jurisdiction - Orders Denying Disqualification of Counsel on Ethical Grounds Are Not Final Decisions Subject to Immediate Review Under 28 U.S.C. § 1291

Sara Porter Walsh

Petitioner,' an applicant for a Federal Communications Commission (FCC) broadcasting license, sought interlocutory review of a Commission order' denying a motion to disqualify the law firm that had represented competitor RKO for thirty years. Petitioner alleged that participation by the firm, which included an attorney who was chairman of the FCC while RKO's application was under consideration, constituted a violation of Canons Five and Nine' of the ABA Code of …

Fears V. Lunsford, 314 So. 2d 578 (Fla. 1975), Diane Kay Kiesling

Florida State University Law Review

Civil Procedure- VOLUNTARY DISMISSAL- PLAINTIFF'S RIGHT TO TAKE VOLUNTARY DISMISSAL IS ABSOLUTE; OR PLAINTIFF GETS A SECOND CHANCE.

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

St. Mary's Law Journal

Abstract Forthcoming.

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.

Kentucky Law Survey: Civil Procedure, John R. Leathers

Kentucky Law Journal

No abstract provided.

Tuz V. Chadbourne, Inc., 310 So. 2d 8 (Fla. 1975), T. Elaine Holmes

Florida State University Law Review

Judgments- ISSUE PRECLUSION- FORMAL ADVERSENESS BETWEEN CODEFENDANTS IS NOT PREREQUISITE TO APPLICATION OF ESTOPPEL BY JUDGMENT; SINGLE ACCIDENT INJURING MORE THAN ONE PERSON MAY PRODUCE SINGLE ISSUE FOR PURPOSES OF ESTOPPEL BY JUDGMENT.

Kentucky Law Survey: Civil Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Civil Procedure, Howard W. L'Enfant

Kentucky Law Journal

No abstract provided.

Gonzales V. Automatic Employees Credit Union, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rule-Making Authority And Separation Of Powers In Connecticut, The, Richard Kay

Faculty Articles and Papers

No abstract provided.

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.

Right To Counsel In Virginia

University of Richmond Law Review

The sixth amendment guarantees to an accused the right to assistance of counsel, and this right is extended to state prosecutions through the Due Process clause of the fourteenth amendment. The Supreme Court has interpreted this right to include steps in the proceeding before the trial itself has commenced. In United States v. Wade and Gilbert v. California the Court held post-indictment confrontations for identification purposes to be "critical stages" of the proceedings at which the accused is entitled to the presence of counsel.' Although in both cases the confrontations took place after indictment, the Court indicated that any pretrial …

Post Trial Motions Under The New Indiana Rules, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.

Integrated Pretrial Attack On A Pleading: A Critical Evaluation Of Michigan's New Summary Judgement Rule, Carl S. Hawkins, Brett R. Dick

University of Michigan Journal of Law Reform

Modern procedural reforms reflect diminished confidence in the demurrer or "no cause" motion as a device to dispose of non-meritorious claims before trial. The Federal Rules of Civil Procedure, setting the pattern of reform for many states, abolished the demurrer. Although a preliminary attack upon the legal sufficiency of the complaint is still permitted by a motion to dismiss under Federal Rule 12 (b) (6), the challenged pleading may be amended as a matter of course, to minimize the risk that a good claim might be lost because it was poorly pleaded. The risk that sham amendments might then be …

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.

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.

Comments On Recent Cases, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Congressional Repair Of The Erie Derailment, Leonard V. Quigley

Michigan Law Review

It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.

Trial Procedure--The Special Verdict In Civil Cases, John T. Bondurant

Kentucky Law Journal

No abstract provided.

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.

Edson R. Sunderland's Role In Michigan Procedure, Jason L. Honigman

Michigan Law Review

More than any other individual, Professor Edson R. Sunderland has had a tremendous impact upon the Michigan law of procedure. The procedural reforms which he urged and molded into the Michigan law of procedure have been in use for nearly half a century, and to this day are the framework for our procedural laws.

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …