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Full-Text Articles in Evidence
Assertion And Hearsay, Richard Lloret
Assertion And Hearsay, Richard Lloret
Dickinson Law Review (2017-Present)
This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct one …
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach
Florida's "Brave New World": The Transition From Frye To Daubert Will Transform The Playing-Field For Litigants In Medical Causation Cases, Erica W. Rutner, Lara B. Bach
Barry Law Review
No abstract provided.
Seeing Is Believing: The Anti-Inference Bias, Eyal Zamir Prof., Ilana Ritov, Doron Teichman
Seeing Is Believing: The Anti-Inference Bias, Eyal Zamir Prof., Ilana Ritov, Doron Teichman
Indiana Law Journal
A large body of studies suggests that people are reluctant to impose liability on the basis of circumstantial evidence alone, even when this evidence is more reliable than direct evidence. Current explanations for this pattern of behavior focus on factors such as the tendency of fact finders to assign low subjective probabilities to circumstantial evidence, the statistical nature of such evidence, and the fact that direct evidence can rule out with greater ease any competing factual theory regarding liability. This Article describes a set of four new experiments demonstrating that even when these factors are controlled for, the disinclination to …
Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka
Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka
Seattle University Law Review
It is time to rethink character evidence. Long notorious as the most frequently litigated evidence issue, character doctrine plagues courts, trial lawyers, and law students with its infamously “grotesque” array of nonsensical rules, whimsical distinctions, and arcane procedures. Character is a calculation of social worth and value; it is the sum total of what others think of us, whether expressed as their own opinion or the collective opinions of many (reputation). Once we grasp that character is a social construct, we are in a better position to address some of the problems that plague evidence law. To provide needed clarity …
Impeachment In Administrative Cases, Calvin William Sharpe
Impeachment In Administrative Cases, Calvin William Sharpe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone
Pepperdine Law Review
No abstract provided.
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Musical Copyright Infringement: The Replacement Of Arnstein V. Porter - A More Comprehensive Use Of Expert Testimony And The Implementation Of An "Actual Audience" Test , Michelle V. Francis
Pepperdine Law Review
No abstract provided.
Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris
Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris
Pepperdine Law Review
No abstract provided.
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
Vanderbilt Law Review
To crystallize in a few words the motif of a career as varied and comprehensive as that of Eddie Morgan would in any event be difficult, but it is doubly so for a life devoted, as his has been, to stuff as vital and dynamic as procedure and evidence. For me, his work most fundamentally is to be characterized as a quest for greater rationality in the adjudicative process. Whether one thinks of his analysis of the hearsay rule,' or his rationale of the admissions exception to it, or his treatment of the dead man's statute, or his study of …
Rules Of Evidence -- Substantive Or Procedural?, Edmund M. Morgan
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 …