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Articles 2401 - 2429 of 2429
Full-Text Articles in Courts
Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit
Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Jury-Evidence-Privilege Of Jury Deliberations
Jury-Evidence-Privilege Of Jury Deliberations
Michigan Law Review
The extent to which affidavits of jurors anent proceedings in the jury room can be used, when not aimed at impeaching their verdict, is a question upon which there is little affirmative authority. The law seems clear since Bushell's case that a juror cannot be punished for his finding of fact; what is more, his vote within the jury room as well as his debates seem to be privileged absolutely on grounds of policy.
Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases
Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases
Michigan Law Review
The defendant was indicted under a criminal statute making it a misdemeanor for agents and officers to transact business for any foreign corporation which had failed to comply with certain statutory requirements for conducting business in Maryland. The trial judge instructed the jury that if they believed the evidence to he true he was of the opinion that the defendant was an agent within the meaning of the statute. He cautioned them, however, that they were by article 15, sec. 5, of the constitution made judges of the law as well as fact and that his opinion as to the …
Criminal Law And Procedure - Perjury As Contempt-Statutory Construction
Criminal Law And Procedure - Perjury As Contempt-Statutory Construction
Michigan Law Review
Defendant was summoned for jury duty in a celebrated mail fraud case. On voir dire examination she deliberately concealed the fact that at one time the defendants had been her employers, and falsely stated that her mind was free from bias. Accepted as a juror, she attempted to discredit the government's case to fellow jurors, refused to listen to their arguments, and after one week's deliberation in the jury room continued to cast the only vote for acquittal. Held, that this conduct was a contempt of court in that it was an obstruction of the processes of justice. Clark …
Criminal Law And Procedure - Preliminary Examination
Criminal Law And Procedure - Preliminary Examination
Michigan Law Review
A statute provided: "No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor as provided by law before a magistrate, unless such person shall waive such right. . . . " The defendant was complained against before a magistrate on a charge of grand. larceny. The magistrate refused to hold the accused on such charge but held him to answer on a charge of receiving stolen property. The prosecutor filed an information charging grand larceny. The defendant moved to quash the information on the ground that he had had …
Comment Upon Failure Of Accused To Testify, Robert P. Reeder
Comment Upon Failure Of Accused To Testify, Robert P. Reeder
Michigan Law Review
Last year the American Law Institute and the American Bar Association adopted resolutions declaring that when the defendant in a criminal trial does not testify the prosecution should be permitted to comment upon that fact. They urged the overthrow of a rule of law which have prevailed in the federal courts ever since accused persons were first permitted to give testimony, over fifty years ago, and which has governed the courts of forty-two out of the forty-eight states. The discussions which preceded the adoption of the resolutions have been published. In them the advocates of the change do not show …
Equity-Injunction Against Criminal Proceedings
Equity-Injunction Against Criminal Proceedings
Michigan Law Review
The possessor of certain slot machines filed a bill in equity to enjoin police interference with their operation. Although the machines, as operated, sold mints for each coin played and occasionally vended tokens which allegedly had no exchange value, they could be changed, by the removal of a pin, into an actual gambling device. The court held in Chambers v. Bachtel, that the bill should be dismissed.
English Criminal Prosecutions, John B. Waite
English Criminal Prosecutions, John B. Waite
Michigan Law Review
A review of CRIMINAL JUSTICE IN ENGLAND, A STUDY IN LAW ADMINISTRATION. By Pendleton Howard.
Report On Criminal Procedure, Rollin M. Perkins
Report On Criminal Procedure, Rollin M. Perkins
Michigan Law Review
During the period of trial by battle such a proceeding served, in addition to its nominal purpose, something of the function which is now served by a World's Series ball game. From that time to this, the trial has been the spectacular aspect of the enforcement of justice in general and of criminal justice in particular. The result has been relative overemphasis upon criminal procedure in the strictly technical sense, and a corresponding neglect of the broader problems of administration. If, for instance, a conviction under a statute making it grand larceny to steal "a cow or animal of the …
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
Michigan Law Review
The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Indiana Law Journal
An address delivered to the Indiana State Bar Association at Indianapolis, Thursday, December 18, 1930.
Relation Between Separate Instructions To The Jury, Leo Carlin
Relation Between Separate Instructions To The Jury, Leo Carlin
West Virginia Law Review
No abstract provided.
Should The Jury System Be Abolished, T. W. A.
Should The Jury System Be Abolished, T. W. A.
West Virginia Law Review
No abstract provided.
Contempt--Evasion Of Criminal Process As Contempt Of Court, T. W. Arnold
Contempt--Evasion Of Criminal Process As Contempt Of Court, T. W. Arnold
West Virginia Law Review
No abstract provided.
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Michigan Law Review
Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.
Elimination Of General Verdicts And Instructions To Juries, Thomas H. S. Curd
Elimination Of General Verdicts And Instructions To Juries, Thomas H. S. Curd
West Virginia Law Review
No abstract provided.
Special Interrogatories To The Jury--Their Nature And Purpose--Court's Discretion Relative To Their Submission, G. D. H.
West Virginia Law Review
No abstract provided.
Trial Practice--Duty Of The Court To Instruct The Jury In The Absence Of A Request For Instructions
Trial Practice--Duty Of The Court To Instruct The Jury In The Absence Of A Request For Instructions
Michigan Law Review
A series of cases recently decided in Georgia brings to mind the interesting question as to whether the court is bound to give instructions upon the law of the case in the absence of a specific request therefor. See Slocumb v. State, 157 Ga. 131; Fort v. State, 121 S. E. 128; Hatfield v. State, 121 S. E. 129; Walker v. State, 121 S. E. 130; Bullard v. State, 121 S. E. 130; Coney v. State, 121 S. E. 132, and Riggs v. State (1924) 121 S. E. 142. In none of these cases …
Injunction Against Execution Of Criminal Judgment
Injunction Against Execution Of Criminal Judgment
Michigan Law Review
Sometime in 1921 or 1922 one Ullah Mohammed, an Afghan, unable to speak or understand English, was convicted of murder in the first degree in the Sonoma county court, of California. The evidence showed that he entered deceased's bed-room, fired a shot-gun at him, clubbed him over the head, and then cut his throat with a razor. An appeal was taken on the instructions as to self-defense and was summarily overruled. People v. Mohammed, 189 Cal. 429. Later a bill was filed in the superior court of San Francisco for an injunction to prevent Mohammed's execution. It was alleged …
Constructive Contempt Of Court
Constructive Contempt Of Court
Michigan Law Review
The recent case of Craig v. Hecht (1923) 44 Sup. Ct. Rep. 103, aroused an extraordinary amount of interest among laymen, and involved some legal questions of importance to lawyers; but perhaps its most significant result was the opportunity it afforded the legal profession to observe the popular attitude of hostility toward certain phases of judicial administration which lawyers are habitually inclined to overlook.
Abolish The Jury, J. C. Mcwhorter
Proposed Procedural Reform, Hugh Evander Willis
Proposed Procedural Reform, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
A Plan For The Reform Of Legal Procedure, Hugh Evander Willis
A Plan For The Reform Of Legal Procedure, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins
Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins
Michigan Law Review
For the purpose of comparison and in a measure as a justification for some of the conclusions reached, I will premise what I have to say by a general review of the practice of securing juries in England.
Proposed Remedies In Court Procedure, Willis B. Perkins
Proposed Remedies In Court Procedure, Willis B. Perkins
Michigan Law Review
It is the judgment of the writer that the chief function of the legislature is to declare substantive rights. Court procedure being but the machinery by which substantive rights are determined, the responsibility for the effectiveness of that machinery should rest alone upon the courts. Unnecessary prolixity and confusion too frequently result from the present two-fold source of procedural law.
Les Codes Marocains, Émile Larcher
Les Codes Marocains, Émile Larcher
Civil Codes (1800-1923)
Annotés des dahirs et arrêtés pris pour la exécution.
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Michigan Law Review
The Power of a Court to Compel a jury to Render its Verdict in Accordance with a Peremptory Instruction; The Liability of Municipal Corporations in the Discharge of Public or Governmental Duties and of Private or Corporate Duties; Some views of the Nature and Effect of Corporateness; Mitigation of Damages or Substituted Contract; Limitation of the Amount of a Carrier's Liability
Judge Hogate Discusses The Dr. Crippen Case
Judge Hogate Discusses The Dr. Crippen Case
Enoch George Hogate (1906-1918; 1918-1924 Dean Emeritus)
No abstract provided.
Prosecuting And District Attorneys, Henry M. Bates
Prosecuting And District Attorneys, Henry M. Bates
Book Chapters
Professor Bates defines his subject matter "Prosecuting and district attorneys are judicial officers of the state, within their respective districts, although not officers of the state at large. Under some statutes they are county officers, while under others they are not, but are circuit or district officers.... Like other attorneys, prosecuting and district attorneys are officers of the court; but they are not a part of the court because of their office." A two-page outline precedes the entry.