Law Commons^™

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

Psychology, Mental Illness, And The Law, Lee Silverstein

West Virginia Law Review

No abstract provided.

Admissibility Of Results Of Compulsory Blood Tests To Determine Intoxication, G. W. H. Jr.

West Virginia Law Review

No abstract provided.

Workmen's Compensation - Federal Employers' Liability Act - Basis Of Liability Not Common Law Negligence, Robert L. Knauss S.Ed.

Michigan Law Review

Petitioner, a laborer in a railroad section gang, was assigned to burn weeds near a railroad track. He was injured when he fell into a culvert as he was trying to escape from smoke and flames which had been fanned by a passing train. A jury in the Circuit Court of St. Louis awarded damages under the Federal Employers' Liability Act (FELA). The Supreme Court of Missouri reversed upon the ground that the evidence was not sufficient to support a finding of the railroad's liability, and the case should not have been allowed to go to a jury. On certiorari …

Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann

Michigan Law Review

Interest here is concentrated on full faith and credit for public acts. But what led to insertion of the command respecting public acts cannot be divorced historically from the study of the command of full faith for judgments. The whole field, therefore, has been included in the reexamination. Clarifications obtainable on the "judgments" side, it will be seen, help also on the "public acts" side. On both sides there are historical facts which deserve greater attention than has been hitherto given, and if, as a result, some of the myths surrounding the' Lawyers Clause are exploded, the rethinking may have …

Evidence—Attorney-Client Privilege, Robert Lane

Buffalo Law Review

Lanza v. New York State Joint Legislative Committee On Government Operation, 3 N.Y.2d 92, 164 N.Y.S.2d 9 (1957).

Evidence—Deceased Witness-Prior Testimony Admissable In Subsequent Proceeding, Harold M. Halpern

Buffalo Law Review

In re White's Will, 2 N.Y.2d 309, 160 N.Y.S.2d 841 (1957).

The Medical Witness (Film Review), William J. Curran

Indiana Law Journal

No abstract provided.

Evidence—Per Curiam, Buffalo Law Review

Buffalo Law Review

Smith v. Majestic Iron Works, 2 N.Y.S.2d 544, 161 N.Y.S.2d 425 (1957).

Evidence—Husband-Wife Privilege, George M. Gibson

Buffalo Law Review

Poppe v. Poppe, 3 N.Y.2d 312, 165 N.Y.S.2d 99 (1957).

Procedure And Evidence -- 1957 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

PLEADING

Generally: Pleadings are construed liberally in favor of the pleader,and this is particularly true when the attack is made after judgment.

Use of Several Counts: It is entirely proper under prevailing practice to state the same cause of action in several counts, each setting forth a different theory or ground of recovery; but they must not be so framed as to make the declaration prolix and unduly repetitious.

Same-Pleading Evidence of Ultimate Fact: In most jurisdictions with a typical code, allegations of evidence from which the ultimate fact may be deduced, whether or not the deduction is expressly averred …

Evidence, Mary Ellen Hanley

Washington Law Review

Covers cases on sound recordings—foundation for admission in evidence and on the privilege against self-incrimination—effects of claiming.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Application of Privilege against Self-Incrimination to Denaturalization Proceedings

===============================

Constitutional Law--Implied Immunity--Federal Contractor not Subject to State Licensing Requirements

===============================

Evidence--Confession of Co-Conspirator Admissible under Proper Instructions in Joint Trial

===============================

Federal Jurisdiction--Injunctions--Judicial Code Section 2283 is Inapplicable to Injunctions sought by the United States

===============================

Judgments--Res Judicata--Voluntary Absence of Insured Constitutes Extrinsic Fraud

===============================

Labor Law--Unemployment Insurance--Double Affirmation Clause Held Unconstitutional

Damage Awards, Instructions, And The Jury's Common Knowledge, H. G. U.

West Virginia Law Review

No abstract provided.

Discovery And Inspection In Federal Criminal Procedure, Lester B. Orfield

West Virginia Law Review

No abstract provided.

View By A Judge Sitting In Lieu Of A Jury, R. W. F.

West Virginia Law Review

As stated by Dean Thomas P. Hardman in his article on the evidentiary effect of views, the question whether a judge may have a view and whether what the judge observes upon a view is usable as substantive evidence, has never been judicially decided in West Virginia. However, recently in the case of Westover Volunteer Fire Department v. Barker2 hereinafter referred to as the principal case, the Supreme Court of Appeals of West Virginia was, to a very limited extent, presented with those questions. Because there are today a great number of cases in which the judge sits as the …

Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.

Michigan Law Review

Plaintiff was a passenger in an automobile which collided with one driven by defendant's intestate. Both drivers were killed, and plaintiff sued defendant, administrator of intestate's estate, for personal injuries, alleging negligence. There were no other eye-witnesses to the collision, and the trial court, relying upon the Alabama dead man's statute, would not permit plaintiff to testify to any of the details or circumstances of the accident, or even to the fact that she had been involved in an accident with an automobile driven by the decedent. The jury found for defendant. On appeal, held, reversed. Plaintiff, passenger in …

Evidence - Examination Of Witnesses - Surprise As Grounds For Impeaching A Party's Own Witness, John A. Ziegler, Jr. S.Ed., Raymond Dittrich

Michigan Law Review

The defendant was convicted of the statutory rape of his stepdaughter. Immediately following the alleged offense, the victim had signed a statement accusing the defendant of the crime charged. Before the trial, however, the district attorney was advised by the defense counsel, and by the victim herself, that the written statement was not true. At the trial, when called as a witness by the commonwealth, the girl repudiated her earlier statement, whereupon the district attorney pleaded surprise and was permitted to use the prior statement to impeach. On appeal, held, affirmed. The district attorney was "actually surprised" when the …

Hearsay Evidence As A Basis For Prosecution, Arrest And Search

Indiana Law Journal

No abstract provided.

Proving The Falsity Of Advertising: The Mcannulty Rule And Expert Evidence

Indiana Law Journal

No abstract provided.

Book Reviews, Robert N. Cooks (Reviewer), Kenneth B. Hughs (Reviewer), Jess Halstead (Reviewer), Walter P. Armstrong, Jr. (Reviewer), Howard J. Graham (Reviewer)

Vanderbilt Law Review

Current Legal Problems 1956 Edited by G. W. Keeton and G. Schwarzenberger London: Stevens & Sons, 1956. Pp. vii, 275. $5.55

reviewer: David F. Maxwell

===================================

Some Problems of Proof under the Anglo-American System of Litigation By Edmund Morris Morgan. New York: Columbia University Press, 1956. Pp. xii, 195. $3.50

reviewer: Charles T. McCormick

===================================

Effective Drafting of Leases with Check List and Forms By Milton N. Lieberman Newark: Gann Law Books, 1956. Pp. viii, 974

reviewer: Robert N. Cooks

===================================

The Law and One Man Among Many By Arthur E. Sutherland Madison: University of Wisconsin Press, 1956. Pp. ix, …

Rules Of Evidence -- Substantive Or Procedural?, Edmund M. Morgan

Vanderbilt Law Review

It hardly needs stating that the definition of a legal word or term depends upon the purpose for which it is to be defined. If in framing a generalization designed to state a rule or make a discrimination applicable in a specific topic or field of the law, the courts use specified terms, it by no means follows that they intend those terms to be understood in the same sense in generalizations dealing with problems in another topic or field. The words, substance or substantive and procedure or procedural, have been used most frequently in three separate situations: (1) in …

Abstracts Of Recent Cases, G. W. H. Jr.

West Virginia Law Review

No abstract provided.

The Law Of Presumptions In Tennessee, E. William Henry

Vanderbilt Law Review

Nowhere in the law of evidence does greater confusion exist than in the concept of a presumption and its effect. Not only is the confusion widespread, but it is intensified by the intransigence of most judges in their rejection of the views of respected writers in the field. No attempt will be made here to restore order to the Tennessee law of presumptions. The purpose of this note is merely to catalogue some of its inconsistencies.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Alimony may be Awarded Wife after Husband obtains Ex Parte Divorce

===============================

CONFLICT OF LAWS--FORUM NON CONVENIENS APPLIED FOR PROTECTION OF LOCAL INTERESTS

===============================

CONSTITUTIONAL LAW--IMPAIRMENT OF CONTRACT--EXISTING AUTOMOBILE DEALERSHIP CONTRACT MAY BE CHANGED TO PROTECT THE GENERAL WELFARE

===============================

CRIMINAL LAW--BIGAMY--GOOD FAITH BELIEF THAT ACCUSED WAS DIVORCED IS A DEFENSE TO A CHARGE OF BIGAMY

===============================

EVIDENCE--RELEVANCY--ADMISSION OF HABIT EVIDENCE TO SHOW DUE CARE

===============================

FEDERAL TORT CLAIMS ACT--SCOPE OF EMPLOYMENT--GOVERNMENT'S LIABILITY FOR SKYLARKING AIRCRAFT

===============================

INCOME TAXATION--RESERVE WITHHELD BY FINANCE COMPANY AND CHARGEABLE WITH AMOUNT OF DISHONORED NOTES NOT ACCRUABLE AS INCOME TO INDORSER

===============================

LABOR …

Evidence - Search And Seizure - Standing To Suppress Evidence Obtained By Unconstitutional Search And Seizure, Robert C. Casad S.Ed.

Michigan Law Review

The most radical departure of the new California doctrine from federal precedents, however, lies in the rejection of the requirement of "standing" which the federal courts have always imposed. In People v. Martin the California court announced its willingness to permit any criminal defendant to move for the exclusion of evidence obtained by unreasonable search and seizure -regardless of whether it was his premises that were searched or his property that was seized.

Rejection of the requirement of standing by this outstanding court calls for a re-evaluation of the requirement as it is imposed in every other jurisdiction that observes …

The Motion For A Directed Verdict In Indiana: An Evaluation Of Present Standards

Indiana Law Journal

No abstract provided.

Criminal Law—Evidence—Circumstantial, Peter Todoro

Buffalo Law Review

People v. Leyra, 1 N. Y. 2d 199, 134 N. E. 2d 475 (1956).

Criminal Law—Evidence—False Testimony Of Witness, Robert Casey Jr.

Buffalo Law Review

People v. Savvides, 1 N. Y. 2d 554, 136 N. E. 2d 853 (1956).

Criminal Law—Evidence—Impeachment, George Gibson

Buffalo Law Review

People v. Cannizarro, 1 N. Y. 2d 167, 134 N. E. 2d 206 (1956).