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Articles 91 - 120 of 295
Full-Text Articles in Civil Procedure
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.
Federal Jurisdiction--Citizenship In A Class Or Entity Action, Boyd Lee Warner
Federal Jurisdiction--Citizenship In A Class Or Entity Action, Boyd Lee Warner
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, William Walter Smith
Abstracts Of Recent Cases, William Walter Smith
West Virginia Law Review
No abstract provided.
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.
Abstracts Of Recent Cases, Ward Day Stone Jr.
Abstracts Of Recent Cases, Ward Day Stone Jr.
West Virginia Law Review
No abstract provided.
Procedure--Effect Of Dismissal Of Venue-Giving Defendant, Frank Thomas Graff Jr.
Procedure--Effect Of Dismissal Of Venue-Giving Defendant, Frank Thomas Graff Jr.
West Virginia Law Review
No abstract provided.
Courts--Prospective Overruling, William Walter Smith
Courts--Prospective Overruling, William Walter Smith
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Charles David Mcmunn
Abstracts Of Recent Cases, Charles David Mcmunn
West Virginia Law Review
No abstract provided.
Procedure--The Sufficiency Of The Record In Opposing A Motion For Summary Judgment, Sterl Franklin Shinaberry
Procedure--The Sufficiency Of The Record In Opposing A Motion For Summary Judgment, Sterl Franklin Shinaberry
West Virginia Law Review
No abstract provided.
The New Scope Of Federal Habeas Corpus For State Prisoners, Willard D. Lorensen
The New Scope Of Federal Habeas Corpus For State Prisoners, Willard D. Lorensen
West Virginia Law Review
The year 1963 may be marked as another milestone in the evolution of the federal writ of habeas corpus. Two recent decisions of the United States Supreme Court have resolved with long needed clarity two threshold problems that face a district court when application for the writ comes from a state prisoner: (1) what issues may be raised and (2) what effect is to be given previous state court consideration of these same issues. Though storms of protest resounded a decade ago about abuse of the writ, the habeas corpus scene in more recent years has been relatively quiet. While …
Procedure--Rule 36--Request For Admissions, Ralph Charles Dusic Jr.
Procedure--Rule 36--Request For Admissions, Ralph Charles Dusic Jr.
West Virginia Law Review
No abstract provided.
Procedure--Involuntary Dismissal--An Interpretation Of Rule 41(B) Of The Federal Rules Of Civil Procedure, Lee Ames Luce
Procedure--Involuntary Dismissal--An Interpretation Of Rule 41(B) Of The Federal Rules Of Civil Procedure, Lee Ames Luce
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Robert William Burk Jr.
Abstracts Of Recent Cases, Robert William Burk Jr.
West Virginia Law Review
No abstract provided.
Certified Cases Under The Statutes And The Rules Of Civil Procedure, Frank C. Haymond
Certified Cases Under The Statutes And The Rules Of Civil Procedure, Frank C. Haymond
West Virginia Law Review
No abstract provided.
Due Process--Requirement That A Prisoner Be "Duly Cautioned", Charles David Mcmunn
Due Process--Requirement That A Prisoner Be "Duly Cautioned", Charles David Mcmunn
West Virginia Law Review
No abstract provided.
Due Process--Jurisdiction--Corporate Amenability To Substitute Service Of Process, Sterl Franklin Shinaberry
Due Process--Jurisdiction--Corporate Amenability To Substitute Service Of Process, Sterl Franklin Shinaberry
West Virginia Law Review
No abstract provided.
Discovery Of Liability Insurance Under New Rules, William Erwin Barr
Discovery Of Liability Insurance Under New Rules, William Erwin Barr
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, William Erwin Barr
Abstracts Of Recent Cases, William Erwin Barr
West Virginia Law Review
No abstract provided.
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
West Virginia Law Review
No abstract provided.
Trial--Argument Of Council--Use Of Formula Not Based On Evidence, Forest Jackson Bowman
Trial--Argument Of Council--Use Of Formula Not Based On Evidence, Forest Jackson Bowman
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
West Virginia Law Review
No abstract provided.
Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver
Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver
West Virginia Law Review
No abstract provided.
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.
Rules Of Civil Procedure--Interposing Counterclaim--Effect On Venue And Jurisdiction, Frederick Luther Davis Jr.
Rules Of Civil Procedure--Interposing Counterclaim--Effect On Venue And Jurisdiction, Frederick Luther Davis Jr.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Aaron David Trub
Abstracts Of Recent Cases, Aaron David Trub
West Virginia Law Review
No abstract provided.
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.
Abstracts Of Recent Cases, M. J. F.
A Basic Introduction To The New West Virginia Rules Of Civil Procedure, Lee Silverstein
A Basic Introduction To The New West Virginia Rules Of Civil Procedure, Lee Silverstein
West Virginia Law Review
On October 20, 1959, the Supreme Court of Appeals of West Virginia entered an order which will bring about a comprehensive reform of civil procedure in the circuit courts' of the state and in inferior courts of record which have civil jurisdiction. Rule 1. (For convenience, most citations to the new Rules and Forms are carried in the body of the text in italics rather than in footnotes.) The order promulgates a new system of pleading and practice known as the West Virginia Rules of Civil Procedure for Trial Courts of Record. Rule 85. The effective date will be July …
Conclusive Presumptions In West Virginia, J. L. R.
Conclusive Presumptions In West Virginia, J. L. R.
West Virginia Law Review
Presumptions, as might be expected, have been appearing and disappearing throughout the history of evidence. Much confusion has attended the use of the word, and there has been no less confusion about the kinds of presumptions, be they presumptions of law, presumptions of fact, conclusive presumptions or whatever name courts and writers ascribe to them. The conclusive presumption is an especially troublesome creature, some writers denying its existence while others recognize it but devote very little time to it. It is the purpose here, in a humble way, to look at its use in this state and to determine if …