Jurisdiction Commons^™

Conflict Of Laws And Minimum Jurisdictional Contacts

Washington and Lee Law Review

No abstract provided.

Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham

Vanderbilt Law Review

Jurisdiction of courts over foreign corporations is a developing subject. Almost all aspects of it are touched on by decision or discussion in two cases in different courts and under different statutes; one case was in the Supreme Court of Tennessee, the other in the United States district court.

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Tucker v. International Salt Co. was an action in a state court in contract and quasi-contract against a Pennsylvania corporation.

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Shuler v. Wood was an action in tort in the United States District Court for the Eastern District of Tennessee against two Pennsylvania corporations.

Conflict Of Laws--Jurisdiction Over Nonresident Defendants By Extraterritorial Service Of Process, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

Child Custody Across State Lines

Washington and Lee Law Review

No abstract provided.

Conflict Of Laws -- 1960 Tennessee Survey, Elvin E. Overton

Vanderbilt Law Review

A well known text book on Conflict of Laws concludes its opening section with the sentence, "In brief, a Conflict of Laws problem arises whenever a foreign element gets into a legal question." If this definition is accepted, there were about twenty cases of Conflicts of Laws decided during the survey period, in the sense that foreign elements were shown to exist in the facts which appeared. In another sense, there were other cases in which it must be suspected that substantial "other state" contacts existed, but in which no express mention appears of such facts. On the other hand, …

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer

Michigan Law Review

''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …

Conflict Of Laws -- 1957 Tennessee Survey, John W. Wade

Vanderbilt Law Review

Martin v. Martin' involved a bill in equity by a wife to set aside a divorce decree as fraudulently obtained by the husband. The parties had been domiciled in Pennsylvania. While in Tennessee as a member of the armed forces the husband obtained the divorce in the state. He was subsequently transferred outside the United States. Complainant's bill to set the decree aside for fraud was sustained by the chancellor, defendant being served by publication. Defendant then made a special appearance to contest the jurisdiction of the court and appealed from an adverse ruling.

The Supreme Court held that there …

Conflict Of Laws -- 1956 Tennessee Survey, John W. Wade

Vanderbilt Law Review

Personal Jurisdiction: In State v. Perry, the Tennessee Department of Public Welfare, which had paid sums for the support of dependents of certain nonresidents, brought an action against the nonresidents for reimbursement and for an order to pay money in the future. No personal service was had on the defendants, and the court held that the Tennessee statute does not authorize the court "to enter a personal judgment against a non-resident husband-father upon the ex parte petition, when that husband-father is not personally before the Court, and afforded no opportunity to be heard.' It correctly implied that such a proceeding …

Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.

Michigan Law Review

Plaintiff, a citizen of Texas, obtained from the defendant an insurance policy which was written and delivered in Texas. The defendant agreed to pay for any damages to plaintiff's truck caused by fire, but stipulated that any dispute over the amount of the loss should he determined by arbitration proceedings in accordance with the terms of the contract. The truck was damaged by fire in Arkansas and a dispute arose over the amount of the loss. Plaintiff refused to submit the question to arbitration and brought this suit in the Federal District Court for Arkansas. Defendant argued that the action …

Utility Of The Jurisdictional Principle In A Policy Centered Conflict Of Laws, Edwin W. Briggs

Vanderbilt Law Review

Various recent studies' have confirmed the suspicion that courts continue to find it necessary to approve and rely heavily on the principle of "legislative jurisdiction" residing in some one state, even though they do not often admit it in so many words. Since the discussion of the problem by courts generally assumes that the single question in conflicts is choice of law, and since one of the most influential writers on the subject in recent times has denied the validity of the jurisdictional principle at the common law as a means of solving a conflicts problem, a study giving further …

Assignments Of Accounts Receivable And The Conflict Of Laws Under The Bankruptcy Act, Eugene J.T. Flanagan

Vanderbilt Law Review

Under our system of government there is no constitutional requirement that the laws of the various states be uniform. On some points there are considerable differences between the laws of sister states. Such is the case with respect to the test for priority of right among successive assignees of an account receivable. This difference becomes of great importance when a multi-state transaction raises the question of the choice of the applicable law.

Fundamentally the problem is whether the jurisdiction in question follows the rule of Dearle v. Hall,' or the so-called American rule. The former establishes the order of precedence …

Conflict Of Laws--Apparent Trends In Jurisdiction, Rosanna A. Blake

Kentucky Law Journal

No abstract provided.

Conflict Of Laws--Physical Presence And Appearance As Bases Of Jurisdiction, Rosanna A. Blake

Kentucky Law Journal

No abstract provided.

Conflict Of Laws--The Doing Of An Act As The Basis For Jurisdiction, Rosanna A. Blake

Kentucky Law Journal

No abstract provided.

Conflict Of Laws: The Development Of The Doing Of An Act Theory Of Jurisdiction, Howard E. Trent Jr.

Kentucky Law Journal

No abstract provided.

Divorce-Jurisdiction Over Subject Matter-Res Judicata

Indiana Law Journal

No abstract provided.

Book Review. Handbook Of The Conflict Of Laws, 2nd Ed. By Herbert F. Goodrich, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Book Review. Stimson, E. S., Conflict Of Criminal Laws, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Collateral Attack Upon Foreign Judgments -- The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.

Conflict Of Laws--Law Governing The Performance Of A Contract--Validity Of Power Of Attorney To Confess Judgment (Comment On Recent Cases), Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

The General Principles Of Constitutional Law In The United States Of America, Thomas M. Cooley

Books

The manual which follows has been prepared for the use of students in law schools and other institutions of learning. The design has been to present succinctly the general principles of constitutional law, whether they pertain to the federal system, or to the state system, or both. Formerly, the structure of the federal constitutional government was so distinct from that of the States, that each might usefully be examined and discussed apart from the other; but the points of contact and dependence have been so largely increased by the recent amendments to the federal Constitution that a different course is …