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Articles 241 - 259 of 259
Full-Text Articles in Civil Procedure
Erie In Balance-Will Equity Tip The Scale?
Erie In Balance-Will Equity Tip The Scale?
University of Richmond Law Review
A significant consequence of a federal system of government is that its court system derives its law from both state and national sources. The effective resolution of the inevitable conflicts within that system is made increasingly important by the dramatic increase in interstate travel and commercial activity with the logical effect of increasing federal jurisdiction based upon diversity of citizenship. It is essential that litigants take note of a significant change in the federal court's approach to the rules applicable in diversity actions and modify their own judicial strategy accordingly.
Deadlocked Juries-The "Allen Charge" Is Defuse
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.
Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia
Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia
University of Richmond Law Review
Virginia's "long arm" statute is designed to increase the jurisdictional power of this state so as to provide adequate redress in Virginia courts against persons who inflict injuries upon or incur obligations to those in whose welfare this state has a legitimate interest. Section 8-81.2 (a) (1) of the Virginia Code vests the courts of this state with personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from that person transacting any business in this state. Recently the Virginia Supreme Court has construed this section to provide Virginia's courts with …
Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce
Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce
University of Richmond Law Review
At common law there was no "right" to an appeal. Such a "right" could only be established by legislative enactment. The statutes creating a right to an appeal brought with them the problems of determining the constitutional protections that must be afforded this right. Much controversy has centered around one such problem, that of the constitutionality of imposing a more stringent sentence on a defendant after he has successfully appealed and attained a new trial.
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
University of Richmond Law Review
The legality of entry gained through the use of a search warrant is dependent upon the legality of the means used to obtain the warrant. To justify the issuance of a search warrant the affiant must show the existence of probable cause.
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 …
The Innkeeper's Lien And Due Process
The Innkeeper's Lien And Due Process
University of Richmond Law Review
The problems associated with human mobility require constant testing and refining of the principles embodied in our common and statutory law. Furthermore, there has developed an increasing concern for the rights of the economically disadvantaged individual in contemporary America. The compound problems of the mobile poor have been partly resolved by the application of the due process clause of the Fourteenth Amendment to them.
Right To Court-Appointed Counsel For Misdemeanants In Virginia
Right To Court-Appointed Counsel For Misdemeanants In Virginia
University of Richmond Law Review
The Virginia Constitution makes no specific guarantee of the right to counsel for those charged with a crime as is provided in the federal Constitution, but the Supreme Court of Appeals has declared this to be a fundamental right within the Virginia Bill of Rights. Such right is intended to apply to all persons regardless of their financial status, so if a person charged with a felony proceeds in forma pauperis, it is the duty of the court to appoint counsel to defend him. The right to court-appointed counsel has been extended to persons being questioned concerning a felony, to …
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
A Century Old Problem: Federal Or State Law As Determinative Of A Directed Verdict In A Federal Court, S.D. Roberts Moore
A Century Old Problem: Federal Or State Law As Determinative Of A Directed Verdict In A Federal Court, S.D. Roberts Moore
University of Richmond Law Review
The laws of the several states, except where the Constitution or Treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply." ' So states the commandment by the Congress of the United States which gov- erns the applicability of state law in all federal civil actions wherein jurisdiction is founded upon diversity of citizenship.
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.
Recent Decisions
University of Richmond Law Review
This is a summary of the case law that was decided in 1970.
Federal Habeas Corpus: State Prisoners And The Concept Of Custody, Frank W. Smith Jr.
Federal Habeas Corpus: State Prisoners And The Concept Of Custody, Frank W. Smith Jr.
University of Richmond Law Review
For several centuries the Great Writ of Habeas Corpus has played a central role in protecting individual liberty, guarding against unlawful detention and against the exercise of power not in compliance with the law of the land. Central to the idea of habeas corpus is that it operates within the limits of unlawful imprisonment or detention. As the boundary line between lawful and unlawful confinement changes with growth in recognized individual rights, then the reach of the Great Writ also shifts.
Recent Decisions
University of Richmond Law Review
This is a summary of the case law from 1969.
Lack Of Due Process In Virginia Contempt Proceeding For Failure To Comply With Order For Support And Alimony
University of Richmond Law Review
At common law a husband had a legal duty' to support his wife and children. Today in Virginia failure to support one's family is not simply a violation of a legal duty, it is a criminal act, carrying a penalty of up to twelve months at hard labor for the delinquent husband. The wife, however, without resorting to this criminal action, can effectuate the same result in a civil proceeding before a divorce court.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.
Should Virginia Adopt The Federal Rules Of Discovery?, Emanuel Emroch
Should Virginia Adopt The Federal Rules Of Discovery?, Emanuel Emroch
University of Richmond Law Review
More than fifteen years -ago Virginia made a very important and progressive modification of the rules of practice and procedure in actions at law and suits in equity. The promulgation of the Rules of the Supreme Court of Appeals in 1950 substituted a modern system for an archaic, outmoded, and cumbersome one. Under the Rules litigants can state their case and plead in a brief and succinct manner, unhampered with unnecessary and ancient verbiage. There is less emphasis on form and more on substance, and this facilitates the better administration of justice. Generally, the Rules have unquestionably served the purposes …
Fair Trial - Free Press, M. Ray Doubles
Fair Trial - Free Press, M. Ray Doubles
University of Richmond Law Review
Blazing headlines such as these, followed by detailed accounts of the crime given to newspaper reporters by the police, and opinions of the accused's guilt expressed by prosecuting attorneys, or alleged confessions of the accused with an account of his previous criminal record, have been the basis of many recent appellate court reversals of convictions had in trial court criminal cases. The reason assigned: Denial of a fair trial by an impartial jury.
Virginia's New "Long Arm" Statute, J. Westwood Smithers
Virginia's New "Long Arm" Statute, J. Westwood Smithers
University of Richmond Law Review
At its recent 1964 session, the General Assembly of Virginia enacted a statute which will widely expand the jurisdiction of our courts over nonresidents. The purpose of this brief editorial is to call attention to the new law, to provide a copy of it for our readers, and to make a few rather cursory comments on its significance.