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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)