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The Texas Law Review is a national and international leader in legal scholarship. Texas Law Review is an independent journal, edited and published entirely by students at the University of Texas School of Law. Our seven issues per year contain articles by professors, judges, and practitioners; reviews of important recent books from recognized ...
The Texas Law Review publishes seven issues throughout the year beginning each November. Each issue contains contemporary and compelling articles, essays, commentaries, and book reviews from leading legal scholars. In addition, the Review includes student notes on current legal issues. The seventh issue, published every June, traditionally contains papers submitted during annual symposia ...
to the case law and, in particular, a series of well known Texas Supreme Court cases on bills of review beginning with Alexander v. Hagedorn6 and continuing through the recent decision in Ross v. National Center for the Employment of the Disabled.7 In addition, review McDaniel v. Hale,8 an opinion out of the Amarillo Court of
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- What Is A Bill of Review?
- What Are The Elements of A Bill of Review?
- The Standard of Review For A Bill of Review
- The Meritorious Defense Requirement and Procedure
A bill of review is an equitable proceeding, seeking to set aside a prior judgment that is no longer subject to challenge by a motion for new trial or appeal. Although it is an equitable proceeding, the fact that an injustice has occurred is not sufficient to justify relief. While the typical scenario for a bill of review is a default judgment, a b...
A bill of review plaintiff who does not dispute that he was properly served in the underlying action must plead and prove: 1. a meritorious defense to the underlying cause of action, 2. that the plaintiff was prevented from making by the fraud, accident or wrongful act of the opposing party or official mistake, 3. unmixed with any fault or negligen...
In reviewing the granting or denial of a bill of review, an appellate court draws every presumption in favor of the lower court’s ruling, which will not be disturbed unless it is affirmatively shown that there was an abuse of discretion. The trial court may be reversed for abusing its discretion if it has acted in an unreasonable or arbitrary manne...
With regard to the meritorious defense requirement, the petition must allege, with particularity, sworn facts sufficient to constitute a meritorious defense and, as a pretrial matter, present prima facie proof to support the contention. A prima facie meritorious defense is made out when it is determined that the complainant’s defense is not barred ...
The Bass rule—rebutting a defensive theory of fabrication In addition to Article 38.371, the holdings in a pair of cases decided by the Texas Court of Criminal Appeals in the late 2000s appear to create a rule which, if read broadly, would functionally abrogate the conformity rule in domestic violence cases. In Bass v.
Pennoyer Was Right. Article - by Stephen E. Sachs Volume 95 - Issue 5. Pennoyer v. Neff has a bad rap. As an original matter, Pennoyer is legally correct. Compared to current doctrine, it offers a more coherent and attractive way to think about personal jurisdiction and interstate relations generally. To wit: The Constitution imposes no direct ...
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Aug 30, 2016 · Texas Law Review, Vol. 95, pp. 1249-1327 (2017) Duke Law School Public Law & Legal Theory Series No. 2017-61 79 Pages Posted: 2 Sep 2016 Last revised: 9 Oct 2017
