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Full-Text Articles in Law

Evidence-Based Hearsay, Justin Sevier -- Professor Of Litigation Nov 2023

Evidence-Based Hearsay, Justin Sevier -- Professor Of Litigation

Vanderbilt Law Review

The hearsay rule initially appears straightforward and sensible. It forbids witnesses from repeating secondhand, untested gossip in court, and who among us prefers to resolve legal disputes through untested gossip? Nonetheless, the rule's unpopularity in the legal profession is well-known and far-reaching. It is almost cliche to say that the rule confounds law students, confuses practicing attorneys, and vexes trial judges, who routinely make incorrect calls at trial with respect to hearsay admissibility. The rule fares no better in the halls of legal academia. Although defenses exist, scholars have unleashed a parade of pejoratives at the rule over the years, …


Rule 803(3): Then Existing Mental, Emotional, Or Physical Condition Jan 1996

Rule 803(3): Then Existing Mental, Emotional, Or Physical Condition

Touro Law Review

No abstract provided.


Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment Jan 1996

Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment

Touro Law Review

No abstract provided.


Rule 803(18): Learned Treatises Jan 1996

Rule 803(18): Learned Treatises

Touro Law Review

No abstract provided.


Rule 804(B)(1): Former Testimony Jan 1996

Rule 804(B)(1): Former Testimony

Touro Law Review

No abstract provided.


Rule 803(1): Present Sense Impression Jan 1996

Rule 803(1): Present Sense Impression

Touro Law Review

No abstract provided.


Rule 803(8)(C): Public Records And Reports Jan 1996

Rule 803(8)(C): Public Records And Reports

Touro Law Review

No abstract provided.


R. V. O'Brien – Declarations Against Penal Interest As An Exception To The Hearsay Rule, C. Beckton May 1978

R. V. O'Brien – Declarations Against Penal Interest As An Exception To The Hearsay Rule, C. Beckton

Dalhousie Law Journal

The development of the law of Evidence has evolved primarily by judicial decision into a system which cannot be rationally put together in a logical whole. The rules developed in myriads of cases which later judges believed bound them by virtue of the doctrine of stare decisis, and which also demanded that they avoid the absurdities or injustices which the simple application of these rules would produce. In their efforts to avoid this problem, judges have created refinements and exceptions to the earlier rules. In recent times the courts have even occasionally departed from previous decisions with a clear statement …


Prior Consistent Statements, Arthur H. Travers Jr. Jan 1978

Prior Consistent Statements, Arthur H. Travers Jr.

Publications

No abstract provided.


Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell Dec 1939

Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell

Michigan Law Review

Following the report of the Commonwealth Fund Committee, in which they advocated the adoption of a model act to govern the admission of business entries as evidence, a comparatively small number of states have enacted legislation of this kind, either the model act or an act of similar nature. The extent of this comment is to show: (1) in what states hospital records have been held not to be admissible as business entries, the states where there has been no decision on the subject, and the states where the status of the rule is in doubt; (2) the states where …