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DIGEST OF DECISIONS
This Digest includes all cases in
volumes 1-12 of the FSM Interim Reporter. If you would like to
download a "pdf" version of the
digest you may do
so by clicking on the following
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Administrative
Law to Civil Procedure
Civil Procedure -
Admissions to Civil Procedure - Venue
Civil Rights to
Contracts - Necessity of Writing
Contracts - Novation to
Domestic Relations - Child Custody & Support
Domestic Relations
- Divorce to Jurisdiction - Diversity
Jurisdiction - Exclusive
FSM Supreme Court to Settlement
Social Security to
Weapons
List of Digest Topics
Abstention (see FEDERALISM - Abstention and Certification)
Abuse of Process (see
TORTS - Abuse of Process)
ADMINISTRATIVE LAW
Administrative Procedure Act
ADMIRALTY
Admissions (see CIVIL PROCEDURE - Admissions)
Adoption (see DOMESTIC RELATIONS - Adoption)
Adverse Possession (see PROPERTY - Adverse Possession)
AGENCY (see also TORTS - Respondeat Superior)
AGRICULTURE
APPEAL AND CERTIORARI
Arrest (see CRIMINAL LAW AND PROCEDURE - Arrest and Custody)
Assault (see CRIMINAL LAW - Aggravated Assault, - Assault and Battery, TORTS -
Battery)
ATTACHMENT AND EXECUTION (see also DEBTORS' AND CREDITORS' RIGHTS)
ATTORNEY, TRIAL COUNSELOR AND CLIENT
-
Admission to Practice
-
Attorney-Client Privilege (see EVIDENCE -
Privileges) - Attorney Discipline and Sanctions (see also CIVIL
PROCEDURE - Sanctions)
-
Disqualification of Counsel
-
Fees
-
Right to Counsel (see CRIMINAL LAW AND PROCEDURE - Right to Counsel)
BAIL
BANKS AND BANKING
Battery (see CRIMINAL LAW - Assault and Battery, TORTS - Battery)
Bill of Attainder (see CONSTITUTIONAL LAW -Bill of Attainder)
Burden of Proof (see CRIMINAL LAW - Standard of Proof, EVIDENCE - Burden of Proof)
Burglary (see CRIMINAL LAW AND PROCEDURE - Burglary)
BUSINESS ORGANIZATIONS
-
Cooperatives
-
Corporations
-
Corporations - Liability
-
Corporations - Stock and Stockholders
-
Joint Enterprise
-
Partnership
-
Sole Proprietorship
Certification of Issues (see CONSTITUTIONAL LAW -Certification of Issues, see also FEDERALISM
- Abstention and Certification)
CHOICE OF LAW
CITIZENSHIP
CIVIL PROCEDURE
- Admissions
- Affidavits
- Certification (see FEDERALISM -
Abstention and Certification)
- Class Actions
- Collateral Estoppel (see - Res Judicata
and Collateral Estoppel)
- Consolidation (see also - Joinder,
Misjoinder and Severance)
- Costs (see COSTS)
- Declaratory Relief
- Default (see JUDGMENTS - Default
Judgments; for relief from default see JUDGMENTS Relief from
Judgment)
- Depositions
- Discovery
- Dismissal
- Filings
- Frivolous Actions
- Injunctions
- Interpleader
- Interrogatories
- Intervention
- Joinder, Misjoinder and Severance (see
also - Consolidation)
- Judgment on the Pleadings (see - Summary
Judgment and Judgment on the Pleadings)
- Misjoinder (see - Joinder)
- Motions
- NewTrial
- Notice (see also - Service)
- Parties (see also - Intervention, -
Joinder)
- Pleadings
- Recusal (see COURTS - Recusal)
- Relief from Default (see JUDGMENTS -
Relief from Judgment)
- Relief from Judgment (see JUDGMENTS -
Relief from Judgment)
- Removal (see JURISDICTION -Removal) - Res
Judicata and Collateral Estoppel
- Sanctions
- Service (see also - Notice)
- Severance (see -Joinder, Misjoinder and
Severance)
- Summary Judgment and Judgment on the
Pleadings
- Venue
CIVIL RIGHTS
Collateral Estoppel (see CIVIL PROCEDURE - Res Judicata and Collateral Estoppel)
COMMERCE (see also CONSTITUTIONAL LAW -Interstate and Foreign Commerce)
COMMON LAW
COMPACT OF FREE ASSOCIATION (see also TREATIES)
Confession (see CRIMINAL LAW AND PROCEDURE - Interrogation and Confession)
Conflict of Laws (see CHOICE OF LAW)
CONSTITUTIONAL LAW (for a state's constitutional law see that state's subheadings)
- Bill of Attainder
- Case or Dispute
- Case or Dispute - Mootness
- Case or Dispute - Ripeness
- Case or Dispute - Standing
- Certification of Issues
- Chuuk
- Due Process
- Equal Protection
- Executive Powers
- Impairment of Contracts
- Interpretation
- Judicial Powers
- Legislative Powers
- Taking of Property
- Constitutional Convention
- Cruel and Unusual Punishment (see
CRIMINAL LAW AND PROCEDURE - Cruel and Unusual Punishment)
- Custom and Tradition (see CUSTOM AND
TRADITION)
- Declaration of Rights (see also specific
right)
- Double Jeopardy (see CRIMINAL LAW AND
PROCEDURE - Double Jeopardy)
- Due Process
- Due Process - Notice and Hearing
- Due Process - Vagueness
- Equal Protection
- Excessive Fines
- Executive Powers
- Ex Post Facto Laws
- Freedom of Expression
- Fundamental Rights
- Ineffective Assistance of Counsel (see
CRIMINAL LAW AND PROCEDURE- Right to Counsel)
- Indefinite Land Use Agreements
- Interpretation
- Interstate and Foreign Commerce (see also
TAXATION - Constitutionality)
- Judicial Guidance Clause
- Judicial Powers (see also SEPARATION OF
POWERS)
- Kosrae
- Due Process
- Interpretation
- Judicial Powers
- Legislative Powers
- Taking of Property
- Legislative Powers (see also SEPARATION
OF POWERS)
- Mootness (see - Case or Dispute -
Mootness)
- National/State Power (see FEDERALISM -
National/State Power)
- Pohnpei
- Due Process
- Equal Protection
- Fundamental Rights
- Interpretation
- Judicial Powers
- Taking of Property (see also - Pohnpei - Due Process)
- Professional Services Clause
- Right to Confront Witnesses (see CRIMINAL
LAW AND PROCEDURE - Right to Confront Witnesses)
- Right to Counsel (see CRIMINAL LAW AND
PROCEDURE - Right to Counsel)
- Ripeness (see - Case or Dispute -
Ripeness)
- Search and Seizure (see SEARCH AND
SEIZURE)
- Self-Incrimination (see CRIMINAL LAW AND
PROCEDURE - Interrogation and Confession, - Right to Counsel)
- Separation of Powers (see SEPARATION OF
POWERS)
- Speedy Trial (see CRIMINAL LAW AND
PROCEDURE - Speedy Trial)
- Standing (see - Case or Dispute -
Standing)
- Supremacy Clause
- Taking of Property (see also - Due
Process)
- Taxation (see TAXATION -
Constitutionality)
- Transition Clause (see TRANSITION OF
AUTHORITY)
- Yap - Interpretation
CONTEMPT
CONTRACTS
- Accord and Satisfaction
- Assignment, Delegation and Novation
- Conditions
- Damages (see also REMEDIES)
- Damages - Mitigation of
- Forum Selection Clause
- Illegality
- Implied Contracts
- Indemnification
- Installment Contracts
- Interference with a Contractual
Relationship (see TORTS - Interference with a Contractual
Relationship)
- Interpretation
- Mistake and Misunderstanding
- Necessity of Writing
- Option Contract
- Parol Evidence
- Public Contracts (see PUBLIC CONTRACTS)
- Rescission
- Double Jeopardy
- Due Process (see CONSTITUTIONAL LAW - Due
Process)
- Escape ,
- Evidence (see - Standard of Proof,
EVIDENCE)
- Excessive Fines (see CONSTITUTIONAL LAW -
Excessive Fines)
- Exclusionary Rule (see - Interrogation
and Confession, SEARCH AND SEIZURE) - Ex Post Facto Laws (see
CONSTITUTIONAL LAW - Ex Post Facto Laws)
- Expungement of Records
- Extradition (see EXTRADITION) - Firearms
(see WEAPONS) - Habeas Corpus (see HABEAS CORPUS)
- Homicide
- Immunity
- Ineffective Assistance of Counsel (see -
Right to Counsel)
- Information
- Insanity
- Interrogation and Confession
- Intoxication
- Joinder and Severance
- Juvenile
- Kidnapping
- Major Crimes
- Manslaughter (see - Homicide)
- Malicious Mischief
- Motions
- Murder (see - Homicide)
- Pardon
- Parole
- Pleas (see also - Sentencing)
- Prisons and Prisoners
- Prosecution
- Rape (see - Sexual Offenses) - Release
Pending Appeal (see BAIL)
- Return of Seized Property (see SEARCH AND
SEIZURE - Return of Seized Property)
- Right to Confront Witnesses
- Right to Counsel
- Right to Silence
- Robbery
- Search and Seizure (see SEARCH AND
SEIZURE)
- Self-Defense
- Self-Incrimination (see - Interrogation
and Confession, - Right to Counsel)
- Sentencing (see also - Pleas)
- Sentencing - Probation
- Service
- Sexual Offenses
- Speedy Trial
- Standard of Proof (see also - Defenses;
EVIDENCE - Burden of Proof)
- Strict Liability Crimes
- Theft
- Trespass
- Venue
- Warrant (see - Arrest and Custody; SEARCH AND SEIZURE)
CUSTOM AND TRADITION
CUSTOMS
Damages (see CONTRACTS - Damages, REMEDIES, TORTS - Damages)
DEBTORS' AND CREDITORS' RIGHTS (see also ATTACHMENT AND EXECUTION, USURY)
- Secured Transactions
- Tax Liens
Declaratory Judgment (see CIVIL PROCEDURE - Declaratory Relief)
Deeds (see PROPERTY - Deeds)
Discovery (see CIVIL PROCEDURE - Discovery, CRIMINAL LAW AND PROCEDURE -Discovery)
Dismissal of Action (see CIVIL PROCEDURE - Dismissal, CRIMINAL LAW AND PROCEDURE - Dismissal)
Divorce (see DOMESTIC RELATIONS)
DOMESTIC RELATIONS
Double Jeopardy (see CRIMINAL LAW AND PROCEDURE - Double Jeopardy)
Due Process (see CONSTITUTIONAL LAW -Due Process)
Easements (see PROPERTY - Easements)
ELECTIONS
EMPLOYER - EMPLOYEE (see also PUBLIC OFFICERS AND EMPLOYEES, TORTS - Wrongful Discharge)
ENVIRONMENTAL PROTECTION
Equal Protection (see CONSTITUTIONAL LAW - Equal Protection)
EQUITY
- Estoppel and Waiver
- Laches
ESCHEAT
Estoppel (see CIVIL PROCEDURE - Res Judicata and Collateral Estoppel, EQUITY - Estoppel and Waiver)
EVIDENCE (see also CRIMINAL LAW AND PROCEDURE - Interrogation and Confession, SEARCH AND SEIZURE)
- Authentication
- Burden of Proof
- Exclusionary Rule (see- CRIMINALLAW AND
PROCEDURE-Interrogation and Confession, SEARCH AND SEIZURE)
- Expert Opinion
- Hearsay
- Judicial Notice
- Parol Evidence Rule (see CONTRACTS -
Parol Evidence)
- Privileges
Execution of Judgment (see ATTACHMENT AND EXECUTION)
Ex Post Facto Laws (see CONSTITUTIONAL LAW - Ex Post Facto Laws)
EXTRADITION
FEDERALISM
- Abstention and Certification
- National/State Power
Fees (see ATTORNEY, TRIAL COUNSELOR AND CLIENT - Fees)
Firearms (see WEAPONS)
FISHING (see also ADMIRALTY)
FOREIGN INVESTMENT LAWS
Fraud (see TORTS - Fraud)
GAMBLING
Gross Revenue Tax (see TAXATION)
HABEAS CORPUS
Health Services (see CONSTITUTIONAL LAW -Professional Services Clause)
Hearsay (see EVIDENCE - Hearsay)
Homicide (see CRIMINAL LAW AND PROCEDURE - Homicide)
IMMIGRATION
Income Tax (see TAXATION) Injunctions (see CIVIL PROCEDURE - Injunctions) In rem Jurisdiction (see
JURISDICTION - In Rem; see also ADMIRALTY) Insolvency (see DEBTORS' AND CREDITORS' RIGHTS)
INSURANCE
INTERNATIONAL LAW
Interpleader (see CIVIL PROCEDURE - Interpleader)
Interrogation (see CRIMINAL LAW AND PROCEDURE - Interrogation and Confession)
Interstate Commerce (see CONSTITUTIONAL LAW -Interstate and Foreign Commerce)
Intoxication (see CRIMINAL LAW AND PROCEDURE -Intoxication)
Invasion of Privacy (see TORTS - Invasion of Privacy)
Joint Enterprises (see BUSINESS ORGANIZATIONS-Joint Enterprise)
JUDGMENTS
- Alter or Amend Judgment
- Default Judgments
- Enforcement (see ATTACHMENT AND
EXECUTION)
- Relief from Judgment
- Stay of Judgment (see APPEAL AND CERTIORARI - Stay)
JURISDICTION (see also FEDERALISM - Abstention and Certification)
- Diversity
- In Rem
- National Law
- Pendent
- Personal
- Removal
- Ripeness (see CONSTITUTIONAL LAW - Case
or Dispute - Ripeness)
- Standing (see CONSTITUTIONAL LAW - Case or Dispute - Standing)
Laches (see EQUITY - Laches)
Land (see PROPERTY)
Land Commission (see PROPERTY - Land Commission)
Legal Services (see CONSTITUTIONAL LAW -Professional Services Clause)
License and Permit Fees (see TAXATION - License and Permit Fees)
Liens (see DEBTORS' AND CREDITORS' RIGHTS)
Limitation of Actions (see STATUTES OF LIMITATION)
Loss of Consortium (see TORTS - Damages)
Major Crimes (see CRIMINAL LAW AND PROCEDURE - Major Crimes)
Malicious Prosecution (see TORTS - Malicious Prosecution)
MANDAMUS AND PROHIBITION
Manslaughter (see CRIMINAL LAW AND PROCEDURE - Homicide)
Mortgages (see PROPERTY - Mortgages; for ship mortgages see ADMIRALTY; for chattel mortgages see DEBTORS' AND CREDITORS' RIGHTS)
Murder (see CRIMINAL LAW AND PROCEDURE - Homicide)
Negligence (see TORTS - Negligence)
Nuisance (see TORTS - Nuisance)
Pardon (see CRIMINAL LAW AND PROCEDURE - Pardon)
Parole (see CRIMINAL LAW AND PROCEDURE - Parole)
Parties (see CIVIL PROCEDURE - Intervention, -Joinder, Misjoinder and Severance, - Parties)
Partnership (see BUSINESS ORGANIZATIONS - Partnership)
Precedent (see COMMON LAW, CUSTOM AND TRADITION)
Prisons and Prisoners (see CRIMINAL LAW AND PROCEDURE - Prisons and Prisoners)
Privacy (see SEARCH AND SEIZURE, TORTS - Invasion of Privacy)
Probable Cause (see SEARCH AND SEIZURE - Probable Cause)
Probate (see DOMESTIC RELATIONS - Probate)
Probation (see CRIMINAL LAW AND PROCEDURE - Sentencing -= Probation)
Prohibition, Writ of (see MANDAMUS AND PROHIBITION)
PROPERTY
- Adverse Possession
- Certificate of Title
- Deeds
- Easements
- Gifts
- Indefinite Land Use Agreements (see
CONSTITUTIONAL LAW -Indefinite Land Use Agreements)
- Land Commission
- Mortgages
- Personal
- Public Lands
- Taking of Property (see CONSTITUTIONAL
LAW - Taking of Property)
- Tidelands
Prosecution (see CRIMINAL LAW AND PROCEDURE - Prosecution)
PUBLIC CONTRACTS
Public Lands (see PROPERTY - Public Lands)
PUBLIC OFFICERS AND EMPLOYEES
Punitive Damages (see Torts - Damages - Punitive)
Rape (see CRIMINAL LAW AND PROCEDURE - Sexual Offenses)
Recusal of Judges (see COURTS - Recusal)
REMEDIES (see also CIVIL PROCEDURE - Injunctions)
Quantum Meruit (see also - Restitution)
Restitution (see also - Quantum Meruit)
Res Judicata (see CIVIL PROCEDURE - Res Judicata and Collateral Estoppel)
Respondeat Superior (see TORTS - Respondeat Superior)
Restitution (see REMEDIES - Restitution)
Right to Confront Witnesses (see CRIMINAL LAW AND PROCEDURE - Right to Confront Witnesses)
Right to Counsel (see CRIMINAL LAW AND PROCEDURE - Right to Counsel)
Right to Silence (see CRIMINAL LAW AND PROCEDURE - Right to Silence)
SEARCH AND SEIZURE
- Incident to an Arrest
- Inventory Search
- Probable Cause
- Return of Seized Property
- Secured Transactions (see DEBTORS' AND
CREDITORS' RIGHTS - Secured Transactions)
- Self-Defense (see CRIMINAL LAW AND
PROCEDURE - Self-Defense)
- Sentencing (see CRIMINAL LAW AND PROCEDURE - Sentencing)
SEPARATION OF POWERS
SETTLEMENT
SOCIAL SECURITY
Speedy Trial (see CRIMINAL LAW AND PROCEDURE - Speedy Trial)
SOVEREIGN IMMUNITY (see also TORTS - Governmental Liability)
STATUTES
- Construction (see also ADMINISTRATIVE LAW
-Statutory Construction)
- Repeal
- Vagueness (see CONSTITUTIONAL LAW - Due Process - Vagueness)
STATUTES OF LIMITATION (see also PROPERTY - Adverse Possession)
Strict Liability (see TORTS - Strict Liability)
TAXATION
- Constitutionality
- License and Permit Fees
- Recovery of Taxes
Tax Liens (see DEBTORS' AND CREDITORS' RIGHTS - Tax Liens) Temporary Restraining Order (TRO) (see CIVIL PROCEDURE - Injunctions)
Tidelands (see PROPERTY - Tidelands)
TORTS
- Abuse of Process
- Assault
- Assumption of the Risk (see -
Contributory Negligence and Assumption of the Risk)
- Battery
- Causation
- Comparative Negligence
- Contribution (see also REMEDIES -
Restitution)
- Contributory Negligence and Assumption of
the Risk
- Conversion
- Damages (see also - Comparative
Negligence)
- Damages - Punitive
- Duty of Care (see also - Negligence)
- False Imprisonment
- Fraud
- Governmental Liability (see also
SOVEREIGN IMMUNITY)
- Immunity
- Infliction of Emotional Distress
- Interference with a Contractual
Relationship
- Invasion of Privacy
- Loss of Consortium (see - Damages)
- Malicious Prosecution
- Negligence (see also - Comparative
Negligence, - Duty of Care)
- Nuisance
- Pain and Suffering (see - Damages)
- Proximate Cause (see - Causation)
- Respondeat Superior (see also -
Governmental Liability, AGENCY)
- Strict Liability
- Trespass
- Use of Excessive Force
- Waste
- Wrongful Death
- Wrongful Discharge
TRANSITION OF AUTHORITY
TRANSLATION
TREATIES (see a/so COMPACT OF FREE ASSOCIATION)
Trespass (see CRIMINAL LAW AND PROCEDURE - Trespass, TORTS - Trespass)
TRUSTEESHIP AGREEMENT
Unjust Enrichment (see REMEDIES - Quantum Meruit, REMEDIES - Restitution)
USURY
Venue (see CIVIL PROCEDURE - Venue, CRIMINAL LAW AND PROCEDURE - Venue)
Wage and Salary Tax (see TAXATION)
Waiver (see EQUITY - Estoppel and Waiver)
Warrant (see CRIMINAL LAW AND PROCEDURE Arrest and Custody)
Waste (see TORTS - Waste)
WEAPONS
Wills (see DOMESTIC RELATIONS - Probate)
Writ of - (see name of writ)
Wrongful Death (see TORTS - Wrongful Death)
Wrongful Discharge (see TORTS - Wrongful Discharge)
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