Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (5)
- Courts (4)
- Jurisprudence (4)
- Legal History (4)
- Legislation (4)
-
- Property Law and Real Estate (3)
- Torts (3)
- Civil Law (2)
- Civil Procedure (2)
- Contracts (2)
- International Law (2)
- Law and Economics (2)
- Administrative Law (1)
- Comparative and Foreign Law (1)
- Criminal Law (1)
- Family Law (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Internet Law (1)
- Judges (1)
- Jurisdiction (1)
- Law and Philosophy (1)
- Law and Society (1)
- Legal Remedies (1)
- Litigation (1)
- Privacy Law (1)
- Public Law and Legal Theory (1)
- Religion Law (1)
- Keyword
-
- Common law (11)
- Common Law (2)
- Erie v. Tompkins (2)
- Federal common law (2)
- Federal courts (2)
-
- Federal law (2)
- Federalism (2)
- Legal history (2)
- State law (2)
- Supremacy Clause (2)
- Swift v. Tyson (2)
- ATS (1)
- Abortion (1)
- Abortion Act 1967 (1)
- Act of state doctrine (1)
- Actio iniuriarum (1)
- Actio legis aquiliae (1)
- Admiralty (1)
- Alien Tort Statute (1)
- Appropriations Clause (1)
- Arising under jurisdiction (1)
- Article III (1)
- British Empire (1)
- Canon law (1)
- Chevron Deference (1)
- Civil law (1)
- Common law adjudication (1)
- Comparative Statutory Interpretation (1)
- Constitutional law (1)
- Copyright (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 32 of 32
Full-Text Articles in Common Law
Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara
Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara
Journal Articles
The opinion of the supreme court in Cleveland Railway Co. v. Kukucz' cannot logically co-exist with the scintilla rule and, therefore, imperatively requires a re-examination of that trouble- some doctrine and a deliberate choice between it and the case referred to. The scintilla rule should be abandoned.
The Scintilla Rule, Joseph O'Meara
The Scintilla Rule, Joseph O'Meara
Journal Articles
The language quoted from Jacob Laub Baking Company v. Middleton, in which all concurred, will undoubtedly tend to increase the number of directed verdicts and appears to be, in effect, a repudiation of the scintilla rule. The problem, therefore, is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge on notice that a greater degree of assurance is required to direct a verdict than to set one aside. Holding that the conclusion is against.the plaintiff beyond a reasonable doubt is not inconsistent with recognizing that there is "some evidence, however slight". The …