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Articles 91 - 120 of 126
Full-Text Articles in Civil Procedure
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
University of Richmond Law Review
The issue of third party confessions generates great controversy. The basic inquiry is, should confessions allegedly uttered by persons other than the defendant be admitted into evidence in a criminal trial? If so, under what conditions? How much discretion should a trial judge be afforded in determining whether this evidence should be admitted to exculpate a person charged with murder, armed robbery, or rape? Should the trial judge or the jury determine the reliability of the witness, the declarant, or the content of the confession itself? These considerations, in addition to due process arguments, have troubled criminal courts, legislators, and …
The Status Of Third-Party Practice In Virginia, John M. Claytor
The Status Of Third-Party Practice In Virginia, John M. Claytor
University of Richmond Law Review
The past three decades have seen third-party practice in Virginia instituted, abolished and revived. The practice was first sanctioned by a 1948 amendment to the Virginia Code of 1919. In the 1949 case of Masters v. Hart, it was held that by virtue of the 1948 amendment the trial court could, in its discretion, permit third parties to be impleaded as the interests of justice may require. However, the supreme court in that decision also pointed out that the amendment was both confusing and incomplete; and, also noted that in order for a complete system of third-party practice to be …
Interpleader In Virginia, Stephen E. Baril
Interpleader In Virginia, Stephen E. Baril
University of Richmond Law Review
Interpleader is a joinder device employed by a stakeholder (as the obligor is called) who does not know to which of several claimants he is or may be liable. It allows him to bring all of the claimants into a single proceeding, and to require them to litigate among themselves to determine who, if any, has a valid claim to the stake.
Notes On Virginia Civil Procedure By W. Hamilton Bryson, Lewis T. Booker
Notes On Virginia Civil Procedure By W. Hamilton Bryson, Lewis T. Booker
University of Richmond Law Review
Although W. Hamilton Bryson modestly describes his Notes on Virginia Civil Procedure,the Michie Company, 1979, as "little more than an outline," he has in fact made a significant contribution to practical jurisprudence in his handbook on Virginia civil procedure. Mr. Bryson is a professor of law at the T. C. Williams School of Law of the University of Richmond and teaches Virginia Procedure there.
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
University of Richmond Law Review
In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."
Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst
Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst
University of Richmond Law Review
The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …
Civil Procedure-Title 8.01: Virginia's New Civil Procedure Act, Scott D. Anderson, Theodore I. Brenner
Civil Procedure-Title 8.01: Virginia's New Civil Procedure Act, Scott D. Anderson, Theodore I. Brenner
University of Richmond Law Review
On October 1, 1977, Title 8 of the Code of Virginia was repealed and Title 8.01 became effective. The revisers of Title 8 have produced an extensive, as well as comprehensive, change in the statutes which govern civil procedure in Virginia. Most of the provisions have been rewritten, deleted or moved to other titles. With several notable exceptions, civil procedure in Virginia will remain basically unchanged. Much of the revisers work leaves Title 8 substantively intact. The major changes will be discussed in a chapter by chapter analysis of Title 8.01 in Section II of this article.
Sniadach Through Di-Chem And Backwards: An Analysis Of Virginia's Attachment And Detinue Statute, B. J. Brabham
Sniadach Through Di-Chem And Backwards: An Analysis Of Virginia's Attachment And Detinue Statute, B. J. Brabham
University of Richmond Law Review
Few cases in debtor-creditor relations have been discussed as much as Sniadach v. Family Finance Corp., Fuentes v. Shevin, Mitchell v. W. T. Grant Co., and North Georgia Finishing, Inc. v. Di-Chem, Inc. Despite the volume already written, however, the commentary appears destined to continue for some time to come. Thanks largely to this outpouring of attention, most lawyers and students are acutely aware of the fundamental issue involved in that line of cases, namely: is it constitutional to seize a debtor's property without notice and a hearing? Before Sniadach the answer of most lawyers and students even remotely conversant …
The Class Action And Title Vii- An Overview
The Class Action And Title Vii- An Overview
University of Richmond Law Review
The class action device and Title VII enforcement go hand in hand. In a proper case, a suit alleging a violation of Title VII is by nature a class action since it attempts to remedy the effects of employment discrimination on the basis of a class characteristic. As in any other case, however, a class action is permitted only if the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Before certifying an action as a class action' the court must determine that (1) the class is so numerous that joinder of its members is impracticable …
Discovery Of Expert Information Under The Federal Rules
Discovery Of Expert Information Under The Federal Rules
University of Richmond Law Review
With the adoption of extensive pretrial discovery mechanisms, preparation for trial in the federal system underwent a dramatic alteration. Instead of relying upon pleadings to perform the tasks of notice-giving, issue formulation, and fact-revelation, the various discovery devices available under the Federal Rules of Civil Procedure allow the parties "to obtain the fullest possible knowledge of the issues and facts before trial."' Discovery was created to promote the just, speedy, and inexpensive disposal of litigation. To this end, discovery serves to (1) facilitate the formulation and narrowing of issues; (2) protect against unfair surprise during trial; (3) detect any superflous …
Federal Civil Procedure- Work Product Doctrine
Federal Civil Procedure- Work Product Doctrine
University of Richmond Law Review
The work product doctrine protects from pretrial discovery witness statements and other documents gathered by an adversary's counsel in the course of preparation for possible litigation. The purpose of the work product doctrine is to preserve the privacy and independence of lawyers by denying unwarranted intrusions into their private files and mental processes. Prior to the 1970 amendments to the Federal Rules of Civil Procedure, courts applied two distinct tests when considering whether to allow pretrial discovery of documents and witness statements. One test required the party seeking discovery to show good cause why discovery should be allowed. The alternative …
Federal Civil Procedure- Class Actions- Multiple Plaintiffs With Separate And Distinct Claims Must Each Satisfy The Jurisdictional Amount
University of Richmond Law Review
The genesis of the modern class action, the bill of peace, was developed by the Court of Chancery to facilitate the adjudication of disputes involving common questions and multiple parties in a single suit. In the United States, before 1938, class actions were available in the federal court for equitable relief when the action involved members of a class so large that it was impractical to join them. However, the 1938 adoption of original Rule 23 made the class action available for legal as well as equitable relief.
Rule 23 Class Action Enforcement Of The Clean Air Act Of 1970
Rule 23 Class Action Enforcement Of The Clean Air Act Of 1970
University of Richmond Law Review
This country has recently taken a great interest in air pollution, and the extent of its concern has manifested itself in federal legislation to help abate this growing menace. The most significant legislative attempt to clean up the air is the Clean Air Act of 1970.
Two Proposals For Change In Virginia Law- A Class Action Procedure And A Consumer Fraud Law, Henry E. Howell Jr.
Two Proposals For Change In Virginia Law- A Class Action Procedure And A Consumer Fraud Law, Henry E. Howell Jr.
University of Richmond Law Review
This article encompasses two proposals for change in the law of the Commonwealth of Virginia, one procedural and the other substantive. A proposed class action procedure law and a substantive consumer fraud law are set forth in the appendix and discussed, herein. Credit law reform is beyond the scope of this article. The proposals are independent, although similar, in that they are designed to help the small claimant obtain relief for injuries for which there is presently no practical remedy under Virginia law.
Recent Legislation, J. Rodney Johnson
Recent Legislation, J. Rodney Johnson
University of Richmond Law Review
The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.
The Assimilative Crimes Act
University of Richmond Law Review
An understanding of the Assimilative Crimes Act is necessary for any attorney who may one day find himself defending a client who has allegedly committed a criminal offense in an area under federal jurisdiction. At first blush, the lawyer may think that his client is clearly guilty and plan his defense around the creation of a reasonable doubt in the court's or jury's mind. However, in some instances, steps may be taken prior to a defense on the merits which would raise serious doubts as to the legality of the prosecution, and even if a conviction is forthcoming, objections might …
The Tolling Of The Statute Of Limitations When A Case Has Been Previously Dismissed For Lack Of Jurisdiction Or For Improper Venue
University of Richmond Law Review
When an action is initially brought in a state or federal court and is dismissed for lack of proper venue or jurisdiction, it frequently becomes necessary to determine whether the applicable statute of limitations has been tolled ,during the pendency of the action. If a second action is instituted after the "statutehas run, the action will be considered time-barred in the absence of a tolling doctrine.
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.