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Articles 14851 - 14880 of 16331

Full-Text Articles in Courts

Pre-Trial In The Courts: An Opinion, Aaron Jacobson Jan 1956

Pre-Trial In The Courts: An Opinion, Aaron Jacobson

Cleveland State Law Review

No claim is made, it is true, that pre-trial is the panacea for what ail the courts. But in adopting it, there seems to have been a haste which has bypassed the usual introspective examination characteristic of our judiciary. A critical examination, as seen by this writer, would take the form of two broad questions: One- Is pre-trial, viewed in the overall perspective of the administration of justice, a healthy additive to the courts? Two- If so, is it an end in itself, or is it simply one of a number of modernizing influences, without all of which it remains …


"Friend Of The Court", Delmer D. Howard Jan 1956

"Friend Of The Court", Delmer D. Howard

Kentucky Law Journal

No abstract provided.


Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter Jan 1956

Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter

Michigan Law Review

Prosecution of petitioner in federal court for the unlawful acquisition of marihuana failed when the court granted petitioner's motion to suppress the marihuana as evidence because it was obtained by a search based on an invalid search warrant. The federal officer who had seized the marihuana then swore to a complaint before a state judge, and a warrant for petitioner's arrest for violation of state law issued. While awaiting trial, petitioner filed a motion in federal district court to enjoin the federal officer from testifying in the state court. The district court denied the injunction, and the court of appeals …


Courts--Criminal Contempt--Attorney Who Mailed Questionnaires To Grand Jury Convicted Under Federal Contempt Statute, M. J. P. Dec 1955

Courts--Criminal Contempt--Attorney Who Mailed Questionnaires To Grand Jury Convicted Under Federal Contempt Statute, M. J. P.

West Virginia Law Review

No abstract provided.


Federal Courts--Jurisdiction Of Trespass And False Imprisonment, J. W. P. Dec 1955

Federal Courts--Jurisdiction Of Trespass And False Imprisonment, J. W. P.

West Virginia Law Review

No abstract provided.


Federal Procedure - Interlocutory Appeals - Appealability Of Stay Of Proceedings Under Section 1292 Of The Judicial Code, Lawrence W. Sperling S.Ed. Nov 1955

Federal Procedure - Interlocutory Appeals - Appealability Of Stay Of Proceedings Under Section 1292 Of The Judicial Code, Lawrence W. Sperling S.Ed.

Michigan Law Review

Plaintiff brought an action for an accounting of the profits of a joint adventure. The defendant moved to stay proceedings pending arbitration pursuant to section 3 of the United States Arbitration Act. This motion was denied and defendant appealed the ruling, claiming as justification for the appeal that an interlocutory order denying a stay was a denial of an injunction under section 1292 of the Judicial Code. The court of appeals dismissed the appeal. On certiorari to the Supreme Court, held, affirmed, two justices dissenting. A stay of proceedings in a suit where plaintiff's action is equitable in nature …


Courts, William E. Love, Robert Meisenholder Aug 1955

Courts, William E. Love, Robert Meisenholder

Washington Law Review

Covers laws on the venue for violations of the motor vehicle code (Love) and on independent municipal courts (Meisenholder).


Criminal Law - Contradictory Statements Under Oath As Grounds For Perjury In The Federal Courts, Richard M. Adams S.Ed. Jun 1955

Criminal Law - Contradictory Statements Under Oath As Grounds For Perjury In The Federal Courts, Richard M. Adams S.Ed.

Michigan Law Review

Perjury has frequently been described as one of the more difficult convictions to obtain, and the truth of this saying is no better illustrated than in the case of Harvey Matusow. During the two years in which ex-Communist Matusow served as a professional government witness, he accused 180 or more persons as being members of the Communist Party or Communist sympathizers. This same witness has now described himself as a "habitual and perpetual liar" and has publicly admitted that all of his previous testimony was false. On the strength of this recantation, motions were filed for a new trial in …


Supreme Court Day Program, 1955, The Executive Committee On Program For The Observance Of Supreme Court Day May 1955

Supreme Court Day Program, 1955, The Executive Committee On Program For The Observance Of Supreme Court Day

Historic Documents

Program for the 1955 Supreme Court Day commemorating the first sitting of Indiana Supreme Court justices on May 5, 1817. At this time in 1955, two Indiana law alumni, Hon. Harold E. Achor,LL.B.'31, and Hon. George Washington Henley, Jr.,LL.B.'14, were serving on the Indiana Supreme Court.


The Tax Court Of The United States, Its Origin And Functions, Bolon B. Turner Apr 1955

The Tax Court Of The United States, Its Origin And Functions, Bolon B. Turner

William & Mary Annual Tax Conference

No abstract provided.


Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr. Apr 1955

Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr.

Michigan Law Review

The six states in this group present some very special cases. They range from an original colony to Florida and Texas, which were admitted to statehood in 1845. National rank in population varies from sixth (Texas) to twenty-sixth (Mississippi) with the average almost within the top one-third. As to increase of population, the mean is close to the national figure of fifteen percent. That statement needs qualification, however, since Florida increased 46 percent and Texas 20 percent, whereas Mississippi had an actual loss of two percent. No docket delay of more than six months is found anywhere except in Texas, …


Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed. Apr 1955

Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.

Michigan Law Review

Indicted for illegal traffic in narcotics, petitioner and his trial counsel allegedly attempted to fabricate an alibi on the false testimony of petitioner's girl friend. The evidence indicated that on several occasions before trial, the girl was invited to the office of petitioner's attorney, given narcotics, and told to memorize certain false testimony to be used in petitioner's defense. Later the girl bad a change of mind and agreed to testify for the government Despite the strenuous objections of defendant's counsel, a description of this alleged fraud on the court was given in the prosecution's opening statement, and the witness …


Lore: How To Win A Tax Case, John J. Raymond Apr 1955

Lore: How To Win A Tax Case, John J. Raymond

Michigan Law Review

A Review of How to Win A Tax Case. By Martin M. Lore


The Supreme Court's Role In The Administration Of Governmental Tax Immunity Apr 1955

The Supreme Court's Role In The Administration Of Governmental Tax Immunity

Indiana Law Journal

No abstract provided.


Criminal Law - Delay In Imposition Of Sentence As Destroying Jurisdiction Of Trial Court, M. Fred Mallender, Ii S.Ed. Mar 1955

Criminal Law - Delay In Imposition Of Sentence As Destroying Jurisdiction Of Trial Court, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

Defendant was tried for burglary in April 1952. Before judgment was rendered, a petition for his commitment to the Indiana Village for Epileptics was granted, and the trial court entered judgment in July 1952 that it continue the matter under advisement so long as defendant remained in the Epileptic Village and complied with the rules and regulations. In September 1952 defendant escaped from the Epileptic Village and was later apprehended. He was brought to trial in April 1953. The court found that he had not complied with the judgment of July 1952, found him guilty as charged, and sentenced him …


Adequacy Of Instructions To The Jury: I, Curtis Wright, Jr Feb 1955

Adequacy Of Instructions To The Jury: I, Curtis Wright, Jr

Michigan Law Review

In view of frequent judicial complaints about "instructions by the acre," it may be appropriate to begin with a short justification for an article bearing a title which might appear to suggest an antithetical problem, that is, the existence of a question as to the adequacy of instructions to the jury. To this end one might repeat the assertion that the verdict of a jury which is not instructed as to the fundamental law of the case is "crackerbarrel justice." If this is true, it certainly is also true that the mere number of instructions given is no guarantee of …


Volume 23 (1953-1955) Jan 1955

Volume 23 (1953-1955)

Tennessee Law Review

No abstract provided.


Judicial Administration From 1900 With Emphasis On The Administrative Office Of The United States Courts And Its Work In The Field, Jean M. Gray Jan 1955

Judicial Administration From 1900 With Emphasis On The Administrative Office Of The United States Courts And Its Work In The Field, Jean M. Gray

Student Scholarship

This paper provides a comprehensive overview of the document regarding the evolution of judicial administration in the United States from 1900 through the mid-1950s. In the early twentieth century, the federal judiciary lacked an internal administrative structure and was managed by the Department of Justice. This arrangement was increasingly viewed as inappropriate because the executive branch acted as the primary litigant before the very courts it controlled. Early administration was characterized by independent operations within districts, leading to significant disparities in judge workloads and a lack of coordination. 

The first major shift toward judicial self-governance occurred in 1922 with the …


Brown: Digest Of Procedural Statutes And Court Rules: Pleading, Joinder, And Judgment Record, John W. Reed Jan 1955

Brown: Digest Of Procedural Statutes And Court Rules: Pleading, Joinder, And Judgment Record, John W. Reed

Michigan Law Review

A Review of Digest of Procedural Statutes and Court Rules: Pleading, Joinder, and Judgment Record . By Elizabeth Gaspar Brown


The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme Jan 1955

The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme

Publications

No abstract provided.


The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme Jan 1955

The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme

Publications

No abstract provided.


Biskind: How To Prepare A Case For Trial, And Lake: How To Win Lawsuits Before Juries, Charles W. Joiner Nov 1954

Biskind: How To Prepare A Case For Trial, And Lake: How To Win Lawsuits Before Juries, Charles W. Joiner

Michigan Law Review

A Review of How to Prepare a Case for Trial. By Elliott L. Biskind; How to Win Lawsuits Before Juries . By Lewis W. Lake


Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed. Nov 1954

Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.

Michigan Law Review

ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had …


Jacobs: Law Writers And The Courts, Richard. A. Edwards Nov 1954

Jacobs: Law Writers And The Courts, Richard. A. Edwards

Michigan Law Review

A Review of Law Writers and the Courts. By Clyde E. Jacobs


Kahn: A Court For Children. A Study Of The New York City Children's Court., Maxine Virtue Jun 1954

Kahn: A Court For Children. A Study Of The New York City Children's Court., Maxine Virtue

Michigan Law Review

A Review of A COURT FOR CHILDREN. A Study of the New York City Children's Court. By Alfred J. Kahn.


Constitutional Law - Criminal Procedure - Federal Immunity Statute Applicable To State Court, Raymond R. Trombadore S.Ed. Jun 1954

Constitutional Law - Criminal Procedure - Federal Immunity Statute Applicable To State Court, Raymond R. Trombadore S.Ed.

Michigan Law Review

ln response to a summons, petitioner appeared to testify before a congressional committee investigating crime, and confessed to having run a gambling business in Maryland. This confession was used in the criminal court of Baltimore to convict petitioner of conspiring to violate the state's anti-lottery laws. The conviction was affirmed by the Court of Appeals of Maryland, which rejected petitioner's contention that use of the committee testimony was forbidden by a federal statute which provides that no testimony given by a witness in congressional inquiries "shall be used as evidence in any criminal proceeding against him in any court." On …


Jurisdiction Of United States District Courts In Multiple-Claim Cases, Thomas F. Green Jr. Jun 1954

Jurisdiction Of United States District Courts In Multiple-Claim Cases, Thomas F. Green Jr.

Vanderbilt Law Review

The jurisdictional problem peculiar to a case which involves more than one claim is: Shall the court entertain the entire action when it would have jurisdiction of one or more of the claims, but not all, if they were sued separately?' The application of this question to the United States district courts raises conflicting considerations. On the one hand is the fact that most of the claims which would not be within federal jurisdiction if sued alone, present questions of state rather than federal law. In general the more appropriate tribunals to deal with such questions in the first instance …


Federal Right Jurisdiction And The Declaratory Remedy, Herman L. Trautman Jun 1954

Federal Right Jurisdiction And The Declaratory Remedy, Herman L. Trautman

Vanderbilt Law Review

Why should we have federal district courts? What should be their primary function? These questions are fundamental to the formulation of a rational basis for the distribution of judicial power between state courts and the trial courts of the federal government.

Our American federal system seeks as a constant objective an appropriate division of governmental power between a national unit, which deals with problems requiring uniform treatment, and state units, which have responsibility for problems depending more upon local conditions. Applying the principle to the federal district courts, it seems clear that their primary function should be to adjudicate federal …


A Symposium On Federal Jurisdiction And Procedure: Forward, Joseph C. Hutcheson Jr. Jun 1954

A Symposium On Federal Jurisdiction And Procedure: Forward, Joseph C. Hutcheson Jr.

Vanderbilt Law Review

"A law suit has always been an adversary proceeding and it probably always will be..." "The trial being considered, therefore, as an adversary proceeding, the necessity for the adoption of rules for its conduct which will keep the fight out in the open, give the opponents equal opportunity, and prevent judicial ambuscade, is imperative.'


Venue And Service Of Process In The Federal Courts -- Suggestions For Reform, Edward L. Barrett Jr. Jun 1954

Venue And Service Of Process In The Federal Courts -- Suggestions For Reform, Edward L. Barrett Jr.

Vanderbilt Law Review

In prescribing the rules governing the place of trial of actions commenced in the federal district courts, Congress might reasonably have been expected to follow one of two courses. On the one hand, it might have treated the continental United States as a single jurisdiction. On this basis service of process would have been permitted throughout the United States, venue rules would have been designed to channel litigation into the most convenient district, and provision would have been made for a motion for change of venue to be granted whenever the suit was commenced in a district which did not …