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Full-Text Articles in Law
Evidence-Based Hearsay, Justin Sevier -- Professor Of Litigation
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
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
Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment
Touro Law Review
No abstract provided.
Rule 803(18): Learned Treatises
Rule 804(B)(1): Former Testimony
Rule 803(1): Present Sense Impression
Rule 803(8)(C): Public Records And Reports
R. V. O'Brien – Declarations Against Penal Interest As An Exception To The Hearsay Rule, C. Beckton
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.
Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell
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 …