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Articles 1 - 24 of 24
Full-Text Articles in Law
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers
Indiana Law Journal
No abstract provided.
A Subject Matter Approach To Hearsay Reform, Roger Park
A Subject Matter Approach To Hearsay Reform, Roger Park
Michigan Law Review
None of the three major reform proposals - the Model Code, the Uniform Rules, or the original Federal Rules - incorporated a systematic distinction between civil and criminal cases. The thesis of this article is that this distinction should be adopted. This article will explore the reasons for excluding hearsay, and conclude that they support different sets of rules in civil and criminal cases. In civil cases, rules excluding hearsay should be curtailed. Hearsay that fits under an established exception should be admitted, and other hearsay, without discretionary screening by the trial judge, should be admitted on proper notice. In …
Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action Intort For Perjury?
Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action Intort For Perjury?
Washington and Lee Law Review
No abstract provided.
The Ultimate Violation, Todd Maybrown
The Ultimate Violation, Todd Maybrown
Michigan Law Review
A Review of The Ultimate Violation by Judith Rowland
"There'll Always Be An England": The Instrumental Ideology Of Evidence, Kenneth W. Graham Jr.
"There'll Always Be An England": The Instrumental Ideology Of Evidence, Kenneth W. Graham Jr.
Michigan Law Review
A Review of Theories of Evidence: Bentham and Wigmore by William Twining
Adjudicative Facts, Non-Evidence Facts, And Permissible Jury Background Information, Richard M. Fraher
Adjudicative Facts, Non-Evidence Facts, And Permissible Jury Background Information, Richard M. Fraher
Indiana Law Journal
No abstract provided.
Inadmissible Evidence As A Basis For Expert Opinion Testimony: A Response To Professor Carlson, Paul R. Rice
Inadmissible Evidence As A Basis For Expert Opinion Testimony: A Response To Professor Carlson, Paul R. Rice
Vanderbilt Law Review
Rule 703 of the Federal Rules of Evidence permits expert witnesses to offer opinions based upon evidence that has not been offered in the proceedings. The Rule also sanctions the expert's basing her opinion on inadmissible evidence if that evidence is "of a type reasonably relied upon by experts in the particular field informing opinions or inferences upon the subject." In a recent Essay in this Review, Professor Carlson presents a helpful exposition of the confused evidentiary status of this otherwise inadmissible evidence. He correctly notes that the majority of courts refuse to allow the inadmissible evidence upon which the …
The Hobgoblin Of The Federal Rules Of Evidence: An Analysis Of Rule 801(D)(1)(B), Prior Consistent Statements And A New Proposal, Edward D. Ohlbaum
The Hobgoblin Of The Federal Rules Of Evidence: An Analysis Of Rule 801(D)(1)(B), Prior Consistent Statements And A New Proposal, Edward D. Ohlbaum
BYU Law Review
No abstract provided.
Impeachment With An Unsworn Prior Inconsistent Statement As Subterfuge, Dan Johnson
Impeachment With An Unsworn Prior Inconsistent Statement As Subterfuge, Dan Johnson
William & Mary Law Review
No abstract provided.
Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill
Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill
Michigan Law Review
Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
University of Richmond Law Review
During 1986-1987, Virginia evidence law has been expanded and clarified. The Court of Appeals has proved to be an important source of evidentiary decisions, and the Supreme Court of Virginia has provided needed guidance in several areas.
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Campbell Law Review
This Note will discuss how the court's decision to expand the traditional hearsay exceptions under Rule 803 ranks in effectiveness with other methods which allow into evidence hearsay statements of a child victim. While Smith does not provide admission of all critical hearsay statements made by sexually abused children, the decision goes a long way in allowing North Carolina courts to admit the unthinkable.
A Judicial Perspective On Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study Of Trial Court Judges And A Proposed Amendment, 20 J. Marshall L. Rev. 377 (1987), David S. Day, Charvin Dixon
A Judicial Perspective On Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study Of Trial Court Judges And A Proposed Amendment, 20 J. Marshall L. Rev. 377 (1987), David S. Day, Charvin Dixon
UIC Law Review
No abstract provided.
Kuhlmann V. Wilson: The Sixth Amendment Right To Counsel: Government Circumvention Through Surreptitious Interrogation, 20 J. Marshall L. Rev. 567 (1987), Craig Dow Patton
Kuhlmann V. Wilson: The Sixth Amendment Right To Counsel: Government Circumvention Through Surreptitious Interrogation, 20 J. Marshall L. Rev. 567 (1987), Craig Dow Patton
UIC Law Review
No abstract provided.
Casenotes: Evidence — Maryland Adopts The Present Sense Impression Exception To The Hearsay Rule. Booth V. State, 306 Md. 313, 508 A.2d 976 (1986), Jonathan Z. May
Casenotes: Evidence — Maryland Adopts The Present Sense Impression Exception To The Hearsay Rule. Booth V. State, 306 Md. 313, 508 A.2d 976 (1986), Jonathan Z. May
University of Baltimore Law Review
No abstract provided.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
UIC Law Review
No abstract provided.
Media Access To Tape-Recorded Evidence In Criminal Trials, Lisa Kahaty Starczewski
Media Access To Tape-Recorded Evidence In Criminal Trials, Lisa Kahaty Starczewski
Villanova Law Review
No abstract provided.
Legal Protection For The Confidentiality Of Health Care Information In Pennsylvania: Patient And Client Recovery For Unauthorized Extra-Legal Disclosure, Richard C. Turkington
Legal Protection For The Confidentiality Of Health Care Information In Pennsylvania: Patient And Client Recovery For Unauthorized Extra-Legal Disclosure, Richard C. Turkington
Villanova Law Review
No abstract provided.
Substantive Admissibility Of A Non-Party Witness' Prior Inconsistent Statements: Pennsylvania Adopts The Modern View, Jennifer L. Hilliard
Substantive Admissibility Of A Non-Party Witness' Prior Inconsistent Statements: Pennsylvania Adopts The Modern View, Jennifer L. Hilliard
Villanova Law Review
No abstract provided.
Use Immunity Advisements And The Public Employee's Assertion Of The Fifth Amendment Privilege Against Self-Incrimination
Washington and Lee Law Review
No abstract provided.
Ambiguity: The Hidden Hearsay Danger Almost Nobody Talks About, Paul Bergman
Ambiguity: The Hidden Hearsay Danger Almost Nobody Talks About, Paul Bergman
Kentucky Law Journal
No abstract provided.
Unavailability And Admissibility: Are A Child's Out-Of-Court Statements About Sexual Abuse Admissible If The Child Does Not Testify At Trial?, Joellen S. Mccomb
Unavailability And Admissibility: Are A Child's Out-Of-Court Statements About Sexual Abuse Admissible If The Child Does Not Testify At Trial?, Joellen S. Mccomb
Kentucky Law Journal
No abstract provided.
Evidence, Patricia L. Rush