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Articles 15361 - 15390 of 16296

Full-Text Articles in Courts

Changes Suggested In Washington Practice And Procedure: Comparative Analysis Of State Rules And Statutes With New Federal Rules Points To Desirable Amendments, George Donworth, Laurence B. Hamblen, Elwood Hutcheson, John S. Robinson Apr 1939

Changes Suggested In Washington Practice And Procedure: Comparative Analysis Of State Rules And Statutes With New Federal Rules Points To Desirable Amendments, George Donworth, Laurence B. Hamblen, Elwood Hutcheson, John S. Robinson

Washington Law Review

In accordance with action taken at the July Convention of the Washington State Bar Association, the Board of Governors appointed a committee (Paul P. Ashley of Seattle, chairman) on Judicial Administration to concern itself with the matters considered and reported upon by the section on Judicial Administration of the American Bar Association. This committee divided itself into sections, and to each was assigned one of the subjects under consideration, including Pre-trial Procedure, Improvement in the Law of Evidence, Trial Practice and Administrative Agencies and Tribunals. Among other things the American Bar Association recommended that the State Bar Associations undertake to …


Principal And Agent - Extent To Which An Agent May Testify As To The Existence Of The Agency, Arthur A. Greene Jr. Mar 1939

Principal And Agent - Extent To Which An Agent May Testify As To The Existence Of The Agency, Arthur A. Greene Jr.

Michigan Law Review

The legal concept that opinions of lay witnesses are not admissible evidence is of comparatively recent origin, and a matter of historical accident. The theory underlying the exclusion of opinions of laymen is not one of qualification, but of policy. If the witness testifies as to the facts, his opinion or inference is superfluous, as it is the function of the jury to draw the inferences. The testimony of the agent to the existence of the agency relation is limited by this general rule. It is the purpose of this discussion to determine the line of demarcation between opinion and …


Prohibition - Is The Writ Of Prohibition A Prerogative Writ?, Russel T. Walker Mar 1939

Prohibition - Is The Writ Of Prohibition A Prerogative Writ?, Russel T. Walker

Michigan Law Review

The writ of prohibition originally issued from the king's temporal courts to the ecclesiastical courts to prevent any usurpation of jurisdiction of the king's courts by the spiritual courts. Prohibition has been classed as one of the prerogative writs, that is, a writ issued by the extraordinary power of the sovereign to interfere with private rights in order to preserve the prerogatives and franchises of the state. The writ of prohibition differed historically from the other prerogative writs in that its issuance was not discretionary with the court, but rather it was held to issue as a matter of right …


International Law And Democracy, Wallace Mcclure Feb 1939

International Law And Democracy, Wallace Mcclure

Tennessee Law Review

No abstract provided.


Trials And New Trials Under The New Federal Rules, William H. Wicker Feb 1939

Trials And New Trials Under The New Federal Rules, William H. Wicker

Tennessee Law Review

No abstract provided.


Fundamental Changes Effected By The New Federal Rules Ii, Charles E. Clark Feb 1939

Fundamental Changes Effected By The New Federal Rules Ii, Charles E. Clark

Tennessee Law Review

No abstract provided.


Friday Evening, October 28, 1939, Dinner And Evening Session Feb 1939

Friday Evening, October 28, 1939, Dinner And Evening Session

Tennessee Law Review

No abstract provided.


Pre-Trial Procedure, Edward R. Finch Feb 1939

Pre-Trial Procedure, Edward R. Finch

Tennessee Law Review

No abstract provided.


Adaptation Of Program Of Procedural Reform To Tennessee Practice, Walter P. Armstrong Feb 1939

Adaptation Of Program Of Procedural Reform To Tennessee Practice, Walter P. Armstrong

Tennessee Law Review

No abstract provided.


Book Reviews Feb 1939

Book Reviews

Tennessee Law Review

No abstract provided.


Speeding Up The Courts, Edward R. Finch Feb 1939

Speeding Up The Courts, Edward R. Finch

Tennessee Law Review

No abstract provided.


Symposium On The Movement For The Simplification Of Legal Procedure, Charles S. Coffey Feb 1939

Symposium On The Movement For The Simplification Of Legal Procedure, Charles S. Coffey

Tennessee Law Review

No abstract provided.


Fundamental Changes Effected By The New Federal Rules I, Charles E. Clark Feb 1939

Fundamental Changes Effected By The New Federal Rules I, Charles E. Clark

Tennessee Law Review

No abstract provided.


Law Versus Discretion In Government, Marvin B. Rosenberry Feb 1939

Law Versus Discretion In Government, Marvin B. Rosenberry

Tennessee Law Review

No abstract provided.


Student Case Notes Feb 1939

Student Case Notes

Tennessee Law Review

No abstract provided.


Rules For Civil Procedure In The United States District Courts: Appellate Procedure, Burke G. Slaymaker Feb 1939

Rules For Civil Procedure In The United States District Courts: Appellate Procedure, Burke G. Slaymaker

Indiana Law Journal

No abstract provided.


Administrative Law - Requirements Of "Full Hearing", Collins E. Brooks Feb 1939

Administrative Law - Requirements Of "Full Hearing", Collins E. Brooks

Michigan Law Review

The late Professor Ernst Freund once wrote, "A judicial hearing involves two things: that the party be heard as to his own case and that he hear the case against him." Were the words "quasi-judicial" to be substituted for the word "judicial" in Dr. Freund's definition, it would be difficult more concisely to paraphrase the two decisions of the United States Supreme Court in the case of Morgan v. United States. Fifty suits, later consolidated for purposes of trial, were started by certain market agencies of the Kansas City Stockyards to enjoin the enforcement of an order of the …


Volume 15 (1937-1939) Jan 1939

Volume 15 (1937-1939)

Tennessee Law Review

No abstract provided.


Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall Jan 1939

Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Practice And Procedure In The Court Of Appeals, Richard C. Stoll, Henry E. Mcelwain, Harry B. Mackoy Jan 1939

Practice And Procedure In The Court Of Appeals, Richard C. Stoll, Henry E. Mcelwain, Harry B. Mackoy

Kentucky Law Journal

No abstract provided.


Courts - Federal Courts - Removal Of Causes - Amendment To Complaint After Removal Reducing Amount In Controversy To Less Than The Jurisdictional Amount, Robert E. Sipes Jan 1939

Courts - Federal Courts - Removal Of Causes - Amendment To Complaint After Removal Reducing Amount In Controversy To Less Than The Jurisdictional Amount, Robert E. Sipes

Michigan Law Review

Plaintiff began his action for breach of contract in a state court of Indiana. On defendant's timely petition the suit was removed to the United States District Court. Plaintiff then amended his pleadings by filing particulars of his claim which reduced the amount recoverable below the jurisdictional amount. On a writ of certiorari it was held that the jurisdiction of the district court was not defeated by the amendment reducing the amount claimed to below the jurisdictional amount. Saint Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 58 S. Ct. 586 (1938).


The Indiana Magistrates Court Act, James J. Robinson Jan 1939

The Indiana Magistrates Court Act, James J. Robinson

Articles by Maurer Faculty

No abstract provided.


Proceedings Of The Fifty-Seventh Annual Session Of The Bar Association Of Tennessee Dec 1938

Proceedings Of The Fifty-Seventh Annual Session Of The Bar Association Of Tennessee

Tennessee Law Review

No abstract provided.


Rules For Civil Procedure In The United States District Courts: Pre-Trial Procedure, Albert H. Cole Dec 1938

Rules For Civil Procedure In The United States District Courts: Pre-Trial Procedure, Albert H. Cole

Indiana Law Journal

No abstract provided.


Appeal And Error-Jury Trial-Power Of Appellate Court To Reverse And Enter Final Judgement Without Granting A New Trial Dec 1938

Appeal And Error-Jury Trial-Power Of Appellate Court To Reverse And Enter Final Judgement Without Granting A New Trial

Indiana Law Journal

No abstract provided.


Limitation Of Actions - Contempt Proceedings, Menefee D. Blackwell Dec 1938

Limitation Of Actions - Contempt Proceedings, Menefee D. Blackwell

Michigan Law Review

The application of statutes of limitation to proceedings for criminal or civil contempt involves some obscurity and confusion in the modern cases. Legislation has rarely provided expressly for the limitation of contempt proceedings, and their hybrid character has made it difficult to rely with confidence on analogies. The modern tendency of courts has been to differentiate between criminal and civil contempts for many purposes. While the tests for distinguishing civil and criminal proceedings are not yet clear, it seems that the application of limitation acts depends very largely on this distinction.


Rules For Civil Procedure In The United States District Courts: Trial Procedure, Arthur L. Gilliom Dec 1938

Rules For Civil Procedure In The United States District Courts: Trial Procedure, Arthur L. Gilliom

Indiana Law Journal

No abstract provided.


Briefs Improved Under New Rule: "Statements Of Questions Involved" Effectively Used During September Term, Although Some Misunderstanding Remains, Anon Nov 1938

Briefs Improved Under New Rule: "Statements Of Questions Involved" Effectively Used During September Term, Although Some Misunderstanding Remains, Anon

Washington Law Review

A survey by this journal of briefs filed in the September term of court under this new subsection of Rule 16 indicates that while the purpose and effect of this rule are well understood and properly applied by the majority of appellants presenting briefs during the current term of the Supreme Court, a considerable number of brief writers did not employ this rule as properly and usefully in the interest of their clients and of the understanding of the court as might have been hoped. Some lawyers apparently did not make use of their opportunity to study the preliminary explanation …


The Development And Evaluation Of Judicial Review [Part 3], C. Perry Patterson Nov 1938

The Development And Evaluation Of Judicial Review [Part 3], C. Perry Patterson

Washington Law Review

This Is the concluding portion of Mr. Patterson's continued article. The first portion, in the Journal for January, 1938, covered the background of the theory of judicial review in the Federal Constitution. In the April issue he indicated the manner of incorporating the principle in the Constitution, and in the current installment he shows the wide use of judicial review and discusses its significance.


What Shall The Trial Judge Tell The Jury About Presumptions?, Charles T. Mccormick Jul 1938

What Shall The Trial Judge Tell The Jury About Presumptions?, Charles T. Mccormick

Washington Law Review

I have been asked to add a comment upon the subject of presumptions, comprehensively dealt with in a recent article in this review. My discussion will be summary and selective, and will be devoted to certain practical questions suggested by a late decision of the Supreme Court of the United States, and by some recent cases in the Supreme Court of Washington. These questions relate to the manner in which the trial judge shall deal in his instructions with such presumptions as may have arisen from the evidence in the case.