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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 part of the digest that you would like to download.  The sections are quite large at over a 100 pages per section and can take awhile to download.

    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
    • Chuuk
    • Kosrae
    • Pohnpei
    • Yap
    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
    • Adoption
    • Probate
    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
    • Chuuk
    • Kosrae
    • Pohnpei
    • Yap
    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)
    • Election of Remedies
    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

    • Chuuk
    • Kosrae
    • Pohnpei
    SETTLEMENT

    SOCIAL SECURITY

    Speedy Trial (see CRIMINAL LAW AND PROCEDURE - Speedy Trial)

    SOVEREIGN IMMUNITY (see also TORTS - Governmental Liability)
    • Chuuk
    • Kosrae
    • Pohnpei
    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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