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Evidence

Journal

1979

Institution
Keyword
Publication

Articles 1 - 30 of 31

Full-Text Articles in Law

Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs Oct 1979

Admission Of Polygraph Results: A Due Process Perspective, Thomas K. Downs

Indiana Law Journal

No abstract provided.


The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman Oct 1979

The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman

William & Mary Law Review

No abstract provided.


Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White Sep 1979

Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White

St. Mary's Law Journal

Abstract Forthcoming.


Probability Theory Meets Res Ipsa Loquitur, David Kaye Jun 1979

Probability Theory Meets Res Ipsa Loquitur, David Kaye

Michigan Law Review

This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …


The Problem Of Similar Fact Evidence, C. R. Williams May 1979

The Problem Of Similar Fact Evidence, C. R. Williams

Dalhousie Law Journal

Similar fact evidence raises in a particularly acute form the conflict between two competing principles in the law of evidence. On the one hand, the principle that evidence of high probative value ought to be admitted. On the other, the principle that in criminal trials evidence possessing a significant potential for prejudice ought, in the interests of fairness, to be excluded. The expression "similar fact evidence" is here used broadly to refer to all evidence which shows that on some other occasion the accused acted in a way more or less similar to the way in which the prosecution alleges …


The Future Of Confrontation, Peter K. Westen May 1979

The Future Of Confrontation, Peter K. Westen

Michigan Law Review

The Supreme Court seems to be setting the stage for a long-awaited examination of the confrontation clause. It has been ten years since the Court endeavored in Dutton v. Evans to reconcile the evidentiary rules of hearsay with the constitutional commands of confrontation. Dutton came at the tail end of a string of confrontation cases that the Court had resolved without apparent difficulty. Not surprisingly, the Court approached Dutton in the evident belief that it could resolve the constitutional problems of hearsay once and for all. Instead, after oral argument in 1969 and a rehearing in 1970, the Court found …


The Coconspirator's Statement: Evaluating Preliminary Questions Of Admissibility Under Rule 801(D)(2)(E)., William S. Sessions, Betsy Hall Mar 1979

The Coconspirator's Statement: Evaluating Preliminary Questions Of Admissibility Under Rule 801(D)(2)(E)., William S. Sessions, Betsy Hall

St. Mary's Law Journal

Abstract Forthcoming.


Xi. Evidence Mar 1979

Xi. Evidence

Washington and Lee Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


Present Sense Impressions: An Analysis And A Proposal, Teree E. Foster Jan 1979

Present Sense Impressions: An Analysis And A Proposal, Teree E. Foster

Loyola University Chicago Law Journal

No abstract provided.


The Doctor As Witness: Statements For Purposes Of Medical Diagnosis Or Treatment, William H. Theis Jan 1979

The Doctor As Witness: Statements For Purposes Of Medical Diagnosis Or Treatment, William H. Theis

Loyola University Chicago Law Journal

No abstract provided.


Impeachment By Past Conviction: What Hath Montgomery Wrought?, Robert G. Spector Jan 1979

Impeachment By Past Conviction: What Hath Montgomery Wrought?, Robert G. Spector

Loyola University Chicago Law Journal

No abstract provided.


Post-Accident Repairs And Offers Of Compromise: Shaping Exclusionary Rules To Public Policy, Ron Duplack Jan 1979

Post-Accident Repairs And Offers Of Compromise: Shaping Exclusionary Rules To Public Policy, Ron Duplack

Loyola University Chicago Law Journal

No abstract provided.


The Prior Inconsistent Statement: The Illinois Law And The Art, Leroy J. Tornquist Jan 1979

The Prior Inconsistent Statement: The Illinois Law And The Art, Leroy J. Tornquist

Loyola University Chicago Law Journal

No abstract provided.


Character Evidence In Illinois: Dissipating The Mist?, William R. Hogan Jan 1979

Character Evidence In Illinois: Dissipating The Mist?, William R. Hogan

Loyola University Chicago Law Journal

No abstract provided.


Judicial Intervention In Evidence, Iris Borin Schifeling Jan 1979

Judicial Intervention In Evidence, Iris Borin Schifeling

Loyola University Chicago Law Journal

No abstract provided.


Extrajudicial Admissions: Review And Re-Evaluation, Craig R. Culbertson Jan 1979

Extrajudicial Admissions: Review And Re-Evaluation, Craig R. Culbertson

Loyola University Chicago Law Journal

No abstract provided.


The Psychiatrist-Patient Privilege In Illinois, Robert Herst Jan 1979

The Psychiatrist-Patient Privilege In Illinois, Robert Herst

Loyola University Chicago Law Journal

No abstract provided.


The Psychological Stress Evaluator: The Theory, Validity And Legal Status Of An Innovative "Lie Detector", William H. Kenety Jan 1979

The Psychological Stress Evaluator: The Theory, Validity And Legal Status Of An Innovative "Lie Detector", William H. Kenety

Indiana Law Journal

No abstract provided.


Expert Testimony In Illinois, Andrew D. Eichner Jan 1979

Expert Testimony In Illinois, Andrew D. Eichner

Loyola University Chicago Law Journal

No abstract provided.


Residual Exception To The Hearsay Rule, David M. Weiner Jan 1979

Residual Exception To The Hearsay Rule, David M. Weiner

Loyola University Chicago Law Journal

No abstract provided.


The Psychologist As Expert Witness: Science In The Courtroom? Jan 1979

The Psychologist As Expert Witness: Science In The Courtroom?

Maryland Law Review

No abstract provided.


Foreword: Illinois Evidence - The Question Of Codification, John Powers Crowley Honorable Jan 1979

Foreword: Illinois Evidence - The Question Of Codification, John Powers Crowley Honorable

Loyola University Chicago Law Journal

No abstract provided.


Privileges For Confidential Commuications In Illinois: Attorney-Client And Husband-Wife, Sara Elwood Cook Jan 1979

Privileges For Confidential Commuications In Illinois: Attorney-Client And Husband-Wife, Sara Elwood Cook

Loyola University Chicago Law Journal

No abstract provided.


The Utility Of Hypno-Induced Statements In The Trial Process: Reflections On People V. Smrekar, Robert G. Spector, Teree E. Foster Jan 1979

The Utility Of Hypno-Induced Statements In The Trial Process: Reflections On People V. Smrekar, Robert G. Spector, Teree E. Foster

Loyola University Chicago Law Journal

No abstract provided.


Book Reviews, Edward S. Graves, David L. Ross Jan 1979

Book Reviews, Edward S. Graves, David L. Ross

University of Richmond Law Review

These are book reviews from 1979.


A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris Jan 1979

A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris

Seattle University Law Review

The Washington litigation process places a premium on the skillful management of expert witnesses. Testimony presented by such witnesses is both readily admissible and virtually unlimited in scope. Washington's adoption of the new Rules of Evidence can only serve to reinforce the current practice. Since most litigated cases involve substantial factual disputes, the development and presentation of expert testimony should be a major concern of all trial attorneys. The importance of trial examination has never been underrated. That part of the litigation process is one that all attorneys relish. The skillful management of expert witnesses, however, involves far more than …


Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell Jan 1979

Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell

Cleveland State Law Review

At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …


Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell Jan 1979

Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell

Cleveland State Law Review

At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …


The Admissibility Of Evaluative Reports Under Federal Rule Of Evidence 803(8), Kimberly K. Greene Jan 1979

The Admissibility Of Evaluative Reports Under Federal Rule Of Evidence 803(8), Kimberly K. Greene

Kentucky Law Journal

No abstract provided.