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Articles 61 - 90 of 293
Full-Text Articles in Civil Procedure
Prospective Remedies In Constitutional Adjudication, Doug Rendleman
Prospective Remedies In Constitutional Adjudication, Doug Rendleman
West Virginia Law Review
The archetypal constitutional plaintiff represents a class, sues in federal court, and asks the court to declare something unconstitutional and to effect a remedy against a local or state government official. If this litigant succeeds, the court must accommodate its remedy to federalism's perquisites. The remedy should advance some substantive or constitutional purpose. The mutual respect compelled by federalism exacerbates the inherent difficulties of attaining a successful remedy. This article examines the remedial relationships between class actions, declaratory judgments, and injunctions. The remedial task is to convert law into results. Most people comply with the law when it is communicated …
Preliminary Injunctions In West Virginia--Discretionary Notice And Due Process, William Wade Pepper
Preliminary Injunctions In West Virginia--Discretionary Notice And Due Process, William Wade Pepper
West Virginia Law Review
No abstract provided.
Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr.
Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr.
West Virginia Law Review
No abstract provided.
Procedural Due Process In The Juvenile Courts Of West Virginia, Richard A. Warmuth
Procedural Due Process In The Juvenile Courts Of West Virginia, Richard A. Warmuth
West Virginia Law Review
No abstract provided.
Vepco--The Need For A Revised Tax Appeals Procedure In West Virginia, J. Timothy Philipps
Vepco--The Need For A Revised Tax Appeals Procedure In West Virginia, J. Timothy Philipps
West Virginia Law Review
No abstract provided.
The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost
The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost
West Virginia Law Review
Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.
Civil Procedure-Summary Judgment In Negligence Case Base On Answers To Interrogatories
Civil Procedure-Summary Judgment In Negligence Case Base On Answers To Interrogatories
West Virginia Law Review
No abstract provided.
Pleading--Attorney Negotiations Do Not Constitute An Appearance
Pleading--Attorney Negotiations Do Not Constitute An Appearance
West Virginia Law Review
No abstract provided.
Statutory Remedies--The Declaratory Judgment In West Virginia, David L. Palmer
Statutory Remedies--The Declaratory Judgment In West Virginia, David L. Palmer
West Virginia Law Review
No abstract provided.
Pleading--Real Subrogee Is Not A Real Party In Interest, Michael C. Allen
Pleading--Real Subrogee Is Not A Real Party In Interest, Michael C. Allen
West Virginia Law Review
No abstract provided.
Pleading--Default Judgement And New Trials
Pleading--Default Judgement And New Trials
West Virginia Law Review
No abstract provided.
Procedure--Scintilla Rule Affirmed
Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr.
Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr.
West Virginia Law Review
No abstract provided.
Court Of Claims--Effect Of An Award On Claimant's Rights To Further Proceed, Danny Lee Stickler
Court Of Claims--Effect Of An Award On Claimant's Rights To Further Proceed, Danny Lee Stickler
West Virginia Law Review
No abstract provided.
Pleading--Amendment Of Pleadings By Leave Of Court, Joseph Robert Goodwin
Pleading--Amendment Of Pleadings By Leave Of Court, Joseph Robert Goodwin
West Virginia Law Review
No abstract provided.
Federal Courts--Effect Of New Federal Civil Procedure Rule 23 Of Aggregation Of Claims, Linda L. Hupp
Federal Courts--Effect Of New Federal Civil Procedure Rule 23 Of Aggregation Of Claims, Linda L. Hupp
West Virginia Law Review
No abstract provided.
Procedure--Intrastate Application Of Forum Non Conveniens, Peter Thomas Denny
Procedure--Intrastate Application Of Forum Non Conveniens, Peter Thomas Denny
West Virginia Law Review
No abstract provided.
Special Appearances Under The Rules Of Civil Procedure, Ray L. Hampton Ii
Special Appearances Under The Rules Of Civil Procedure, Ray L. Hampton Ii
West Virginia Law Review
No abstract provided.
Procedure--Unincorporated Associations, Peter Thomas Denny, Martin Joseph Glasser, John Charles Lobert
Procedure--Unincorporated Associations, Peter Thomas Denny, Martin Joseph Glasser, John Charles Lobert
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Jerry David Hogg
Abstracts Of Recent Cases, Jerry David Hogg
West Virginia Law Review
No abstract provided.
Pleading--Alternative Methods Of Changing Theory Of Action On Appeal, Fred L. Fox Ii
Pleading--Alternative Methods Of Changing Theory Of Action On Appeal, Fred L. Fox Ii
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Edward Perry Johnson
Abstracts Of Recent Cases, Edward Perry Johnson
West Virginia Law Review
No abstract provided.
Federal Courts--Another Chapter To Erie, William Jack Stevens
Federal Courts--Another Chapter To Erie, William Jack Stevens
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, John Welton Fisher Ii
Abstracts Of Recent Cases, John Welton Fisher Ii
West Virginia Law Review
No abstract provided.
Libel And Slander--The Innocent Construction Rule, Ellen Fairfax Warder
Libel And Slander--The Innocent Construction Rule, Ellen Fairfax Warder
West Virginia Law Review
No abstract provided.
Prior West Virginia Equity Practice Regarding Necessary Joinder Of Parties As Precedent Under Rule 19, David Gail Hanlon
Prior West Virginia Equity Practice Regarding Necessary Joinder Of Parties As Precedent Under Rule 19, David Gail Hanlon
West Virginia Law Review
No abstract provided.
Procedure--Imputability Of Attorney's Negligence To Client Under West Virginia Rules Of Civil Procedure, Lester Clay Hess Jr.
Procedure--Imputability Of Attorney's Negligence To Client Under West Virginia Rules Of Civil Procedure, Lester Clay Hess Jr.
West Virginia Law Review
No abstract provided.
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.