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Cleveland State University

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Articles 61 - 72 of 72

Full-Text Articles in Civil Procedure

Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz Jan 1963

Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz

Cleveland State Law Review

The industrial revolution and technological development have brought concomitant legal problems unheard of at the common law. Fundamental principles of law evolved to incorporate the changes necessary to rule over a new way of life. Some of the problems of industrialization have been solved, others are in a state of flux, while myriad others are as yet unknown. This article concerns itself with one of the incidents of complex industrial progress-insidious disease, as viewed in the light (or dark) of the statute of limitations.


Right To Jury Trial In Ohio Civil Suits, Samuel M. Jones Iii Jan 1963

Right To Jury Trial In Ohio Civil Suits, Samuel M. Jones Iii

Cleveland State Law Review

In most instances the right to a jury trial either clearly does or does not exist. Yet there are some instances where this constitutional right is not clear. However, lawyers, pressed for time and more concerned with substantive issues, fail to argue the issue and thus it is rarely litigated. Those lawyers who are concerned with the jury trial question, for tactical reasons or otherwise, are hampered by a dearth of material providing adequate guides in this area. This article is designed to fill this void.


Botta V. Brunner - A Restraint Upon Advocacy, Craig Spangenberg Jan 1963

Botta V. Brunner - A Restraint Upon Advocacy, Craig Spangenberg

Cleveland State Law Review

No single decision in recent years has had wider repercussions nor greater impact upon trial advocacy than the decision in Botta v. Brunner. It is probable that within the next few years every state jurisdiction will review the philosophy of the Botta case, and come to a conclusion that will control the method of final argument, in each state, on all the intangible elements of damages.


Recent Ohio Procedure Changes, Lee E. Skeel Jan 1961

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.


Selecting A Jury In Civil Trials, Forrest A. Norman Jan 1961

Selecting A Jury In Civil Trials, Forrest A. Norman

Cleveland State Law Review

It is probably no exaggeration to state that many cases are won or lost on the jury selection. Every lawyer is familiar with cases that were tried through to a jury verdict and following a motion or appeal, were retried to a different jury, with opposite results being reached. In many of these cases the witnesses, the testimony, and all of the facts remain the same-the only difference being in the jury and the result. Thus, the importance of the jury selection cannot be overestimated.


Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd Jan 1961

Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd

Cleveland State Law Review

Attorney's will agree that an injustice occurs whenever one party prevails in a court of law and another's rights are defeated but for knowledge of the relevant facts. Further, most will agree that some such injustice is inevitable in any judicial system, all such systems being subject to some degree of error. No one can deny the professional responsibility of all attorneys to work actively toward the reduction of such error. As numerous commentators have pointed out, injustice may also result from delay. It is equally the responsibility of the Bar to work toward the alleviation of that source of …


Admission Of Liability, Richard H. Burgess Jan 1961

Admission Of Liability, Richard H. Burgess

Cleveland State Law Review

There is a great amount of resistance to the admission of liability when the slightest defense is available. Many defendants' attorneys would prefer to take the long chance of hoping for an unexpected verdict rather than admit fault and leave only the issue of damages to the jury. Surprisingly, there have actually been cases in which liability was admitted and the jury returned a verdict of no cause of action. Generally speaking, though, an admission of liability will tend to keep the damage award reasonable, but it will take away the slight possibility of an unexpected defendant's verdict.


Discovery Of Medical Records, Margaret Mazza Jan 1960

Discovery Of Medical Records, Margaret Mazza

Cleveland State Law Review

Medical evidence is employed by plaintiffs chiefly to prove the causation and extent of personal injury damages, while defendants try to prove the slightness or lack of causal connection in such claims. Many types of medical reports are kept which may be used to substantiate the allegations of either party in personal injury actions. Of primary importance are the reports of physicians and hospitals, and reports upon the voluntary or compulsory examination of the plaintiff.


Perils In Ohio Civil Procedure, William K. Gardner Jan 1959

Perils In Ohio Civil Procedure, William K. Gardner

Cleveland State Law Review

Civil procedure has been much improved and greatly simplified as compared with by-gone days. However, just as in any profession, trade or athletic game, there are certain rules to be followed, and the cautious lawyer, if he is not familiar with all the rules, should examine the appropriate statutes and decisions before he attempts to commence any action or to perfect an appeal. There are a number of pitfalls, even under code practice, of which many lawyers have learned to their regret. A few of them will be pointed out in this article.


Book Review, Joy Seth Hurd Jan 1958

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


Book Review, Orville J. Weaver Jan 1957

Book Review, Orville J. Weaver

Cleveland State Law Review

Reviewing William K. Gardner, Gradner's Bates Ohio Civil Practice, W. H. Anderson Co., 1957


Book Review, William K. Gardner Jan 1957

Book Review, William K. Gardner

Cleveland State Law Review

Reviewing Frank C. Leyshon, The Ohio Practice Manual, W.H. Anderson Co., 1956