Law Commons^™

In Suport Of The Thayer Theory Of Presumptions, Charles V. Laughlin

Michigan Law Review

A learned judge once said to a young lawyer, "If you are ever a trial court judge, never give reasons for your decisions. Your rulings will probably be right, but your reasons will likely be wrong." That statement may aptly apply to judicial pronouncements relating to the subject of presumptions. Decisions are largely free from criticism so far as concerns the results reached, but the reasoning processes by which they are reached appear to be in hopeless confusion. It is believed that a theory can be presented which will both reconcile these confusions of judicial techniques and explain the general …

Evidence--Admissibility Of The Results Of Blood Tests In Bastardy Proceedings, G. M. S.

West Virginia Law Review

No abstract provided.

Negligence - Proving Inviter's Breach Of Duty By Circumstantial Evidence, Charles E. Oldfather S.Ed.

Michigan Law Review

Plaintiff brought a negligence action for personal injuries suffered when she slipped on a spot of grease in the driveway of defendant's railroad station. The evidence showed that the spot was at least one foot square and was covered with dust and dirt so that it resembled in color and texture the rest of the pavement. The evidence also indicated that vehicles often drove through and parked in the drive, and that there were no marks on the spot other than a deep skid mark left by plaintiff's heel. The trial court allowed the jury to determine from this evidence …

Civil Procedure - Compensation Of Witnesses In A Civil Action, David W. Belin S.Ed.

Michigan Law Review

As the amount and complexity of litigation has increased, there have been corresponding increases in demands for added compensation of witnesses. Like the juror, the witness often receives the time-honored answer that he cannot be heard to complain that his compensation is inadequate; the administration of justice is a mutual benefit to all members of the community, and each is under a public duty to further it.

At common law witnesses received no compensation. Time spent in testifying was held to be claimed by the public as a tax, paid by the witness to the system of law which protected …

Evidence—Cross Examination Of Defendant's Character Witness—Scope, Michael Mines

Washington Law Review

D was convicted of second degree burglary. During the cross examination of three character witnesses for the defense, the prosecuting attorney asked, over the objections of the defense, the following questions: "Did you know that in 1941 D had is operator's license suspended?", "Did you know that D spent twelve days in jail and was fined twenty-five dollars for drunkenness on January 10, 1949?" and "Did you know D was given twenty days for vagrancy in the city jail of Walla Walla?" Held: The form of the questions was proper as long as it was not for the purpose of …

Evidence, John W. Richards

Washington Law Review

Covers the Uniform Photographic Copies of Business and Public Records as Evidence Act.

Evidence—Patient Physician Privilege—Waiver Of Privilege To One Physician As Waiver To Other Physician—Waiver By Patient's Own Testimony, James F. Mcateer

Washington Law Review

P sought recovery for injuries arising out of an automobile accident. During trial P introduced three physicians who testified that P had suffered disability in his right arm involving weakness, numbness, and difficulty of movement. P himself took the stand and testified that the injuries described by his doctors resulted from the accident and that, prior to the accident, he had not consulted a doctor for "years." The jury returned a verdict for P for $21,000. The trial court granted D a new trial on the issue of damages because of newly discovered evidence consisting of another physician who would …

Bills And Notes, Paul J. Hartman

Vanderbilt Law Review

The Parol Evidence Rule as Applied to Bills and Notes. The Tennessee Supreme Court case of Lazarov v. Klyce' presented the problem of when an agent who has signed a negotiable instrument can use parol evidence to exonerate himself from personal liability on the instrumentat the suit of the payee. The payee of a note sued the defendant, Arnold Klyce, to hold him individually liable on the note of a corporation of which defendant was an officer. The defense was that the note was an obligation of the corporation, that defendant signed as an officer of the corporation and that …

Procedure And Evidence, Edmund M. Morgan

Vanderbilt Law Review

Demurrer: The Tennessee cases reiterate the orthodox proposition that a demurrer admits the facts alleged or averred in the pleading to which it is interposed.' It is perhaps unnecessary to note that this proposition is true only when the problem concerns the sufficiency of the allegations or averments in the pleading. In truth, the demurrer is merely a default as to the facts and a tender of issue on the law. If the demurrer is overruled and the action is for unliquidated damages, the plaintiff's averment as to the amount of the damages is not taken as true; he must …

Constitutional Law-Validity Of New York Statute Setting Out Motorists' Implied Consent To Chemical Tests For Intoxication, Richard A. Shupe S.Ed.

Michigan Law Review

The State of New York has approved a statute, to go into effect July 1, 1953, which stipulates that any person who operates a motor vehicle or motorcycle in the state shall be deemed to have given his consent to chemical tests of his breath, blood, urine, or saliva for the purpose of determining the alcoholic content of his blood. If such a person refuses to allow the tests, they will not be made, but the commissioner shall revoke his license or permit to drive, including the nonresident operating privilege. This is the first statute of its type and merits …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Evidence - Exclusion Of Written Statements In Personal Injury And Wrongful Death Accidents, Delman Hodges Eure

William and Mary Review of Virginia Law

No abstract provided.

Evidence-Admissibility Of Expressions Of Pain And Suffering, Edgar A. Strause S.Ed

Michigan Law Review

Notwithstanding medical achievements, the human being has not yet been immunized from physical injury and the pain customarily attending such injury. This fact coupled with the ill-controlled fury of modem life has led to an enormous amount of personal injury litigation. Such litigation, with rare exceptions, presents an evidentiary feature of pain and suffering of the victim. Most often the problem arises where pain and suffering are an element of the damages, although it may likewise be involved in showing the nature or the extent of the physical injury.

Evidence-Burden Of Proof, Duncan Noble S.Ed

Michigan Law Review

In 1945, plaintiff, a common carrier, accepted a shipment of automotive parts from an army depot, which shipment had been loaded and sealed by service personnel before delivery to plaintiff. The bill of lading clerk, as was his usual practice, issued a straight bill without personally checking the contents. In fact the contents were short of those indicated in the bill, as was discovered by plaintiff's employees when they checked the car immediately prior to forwarding. Plaintiff sued for the balance of the freight charge withheld by the United States to cover the shortage, the present opinion of the trial …

Evidence—Impeachment Of Witnesses—Showing Of General Reputation For Unchastity, George K. Faler

Washington Law Review

D, charged with carnal knowledge of a 17-year-old girl, attempted to impeach the credibility of the prosecutrix by offering testimony of two witnesses to the effect that her general reputation in the community for morality was bad. The trial court excluded this evidence, and D was convicted. On appeal, Held: Affirmed. Evidence of general reputation for immorality is totally inadmissible for the purpose of impeaching the credibility of a witness. State v. Wolf, 40 Wn. 2d 648, 245 P. 2d 1009 (1952).

Evidence-Privilege-Extension Of Attorney-Client Privilege To Administrative Practitioners, Richard W. Pogue S.Ed.

Michigan Law Review

In an action for rescission for transfer of patent rights, for breach of warranty of title and fraud, a pretrial examination of defendant's agent, as one familiar with facts concerning the transfer, was ordered by the court. Defendant objected to certain questions on the ground that the agent was in the status of attorney to defendant and that the matters in question were confidential communications protected from disclosure by the common law and statutory attorney-client privilege. The agent was a patent agent duly registered and authorized to practice as such before the United States Patent Office, but was not admitted …

Current Decision, Right To Inspect Memoranda Used To Revive Recollection, Howard Klemme

Publications

No abstract provided.

More On Admissibility Of Evidence Obtained By Wire Tapping - Mcguire V. State

Maryland Law Review

No abstract provided.

Evidence--Burden Of Persuasion, John W. Murphy Jr.

Kentucky Law Journal

No abstract provided.

Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme

Publications

No abstract provided.

Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme

Publications

No abstract provided.