Evidence Commons^™

Evidence--Expert Opinion Of Speed Based On Damaged Condition Of Vehicle, Louis Sweetland Southworth Ii

West Virginia Law Review

No abstract provided.

Some Observations On The Origin And Structure Of Evidence Rules Under The Common Law System And The Civil Law System Of "Free Proof" In The German Code Of Criminal Procedure, Karl H. Kunert

Buffalo Law Review

No abstract provided.

Blood Grouping Test Results: Evidential Fact Or Conclusion Of Law?

Washington and Lee Law Review

No abstract provided.

Admissibility Of Blood Sample Evidence In Civil Case, Anon

Washington Law Review

At the instigation of a police officer, a blood sample was taken from defendant Clinton as he lay hospitalized with serious injuries resulting from an automobile collision in which another person was killed. The alcohol reading of the blood sample was 0.210, well above presumptive intoxication. Plaintiff, in an action for personal injuries and wrongful death, sought to introduce defendant's blood test in evidence. The trial court, in the absence of the jury, heard conflicting testimony and concluded that the blood sample was inadmissible because taken without conscious consent. On appeal from a judgment for defendant, the court reversed and …

Abstracts Fo Recent Cases, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.

Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott

William & Mary Law Review

No abstract provided.

Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson

All Faculty Scholarship

There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …

Evidence--Use Of Learned Treatises On Cross-Examination Of Expert Witnesses, Manis Elbert Ketchum Ii

West Virginia Law Review

No abstract provided.

Criminal Law--Use Of Injunctive Proceedings To Suppress Evidence, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.

Opinion Evidence Or Facts, Lucile P. Lacy

Washington and Lee Law Review

No abstract provided.

Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review

Michigan Law Review

The overwhelming majority of courts considering the issue without the aid of pertinent legislation have held that a record of a prior criminal conviction may not be used against a convicted person in subsequent civil proceedings arising from the same facts as the criminal prosecution but to which the state is not a party. It is admissible neither as evidence of the facts underlying it, nor as the basis of an estoppel preventing the convicted party from relitigating those issues which must have been decided against him in the criminal trial for the judge or jury to have found him …

A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski

William & Mary Law Review

No abstract provided.

The Admissibility Of Photographs Of The Corpse In Homicide Cases, Stanley L. Morris

William & Mary Law Review

No abstract provided.

Evidence - Wiretapping - Extension Telephones, David J. Pleva

Duquesne Law Review

The Supreme Court of Pennsylvania has outlined the prohibitive reach of the wiretap statute as encompassing mechanical invasions over telephone extensions and listening on an extension without the consent of the communicating parties.

Commonwealth v. Murray, 423 Pa. 37, 223 A.2d 102 (1966).

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Judicial Notice Of Scientific Facts, Jon C. Kleri

Cleveland State Law Review

The practical purpose of judicial notice is to dispense with the necessity of taking proof to establish a well known or accepted fact or proposition. However, courts are not bound to take judicial notice of matters of fact. Their acceptance or rejection is dependent upon the nature and scope of the subject matter as it relates to the issues in any given case in conjunction with the overall justice applicable to the matter. A court will not take judicial notice of a fact where there is doubt or uncertainty regarding its acceptance or notoriety.

Evidence Of Financial Worth And Apportionment Of Exemplary Damages - Lehman V. Spencer Ladd's, Inc.

Maryland Law Review

No abstract provided.

Should Virginia Adopt The Federal Rules Of Discovery?, Emanuel Emroch

University of Richmond Law Review

More than fifteen years -ago Virginia made a very important and progressive modification of the rules of practice and procedure in actions at law and suits in equity. The promulgation of the Rules of the Supreme Court of Appeals in 1950 substituted a modern system for an archaic, outmoded, and cumbersome one. Under the Rules litigants can state their case and plead in a brief and succinct manner, unhampered with unnecessary and ancient verbiage. There is less emphasis on form and more on substance, and this facilitates the better administration of justice. Generally, the Rules have unquestionably served the purposes …

Proof By Confession, O. John Rogge

Villanova Law Review

No abstract provided.

Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart

Villanova Law Review

No abstract provided.

The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth

Cleveland State Law Review

To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …

Motions In Limine, Tom H. Davis

Cleveland State Law Review

Defendant's attorney in a tort or personal injury case can fumble, stumble and fall and win. A plaintiff's attorney can try his case perfectly and still lose. Since any charge of prejudicial tactics brought against the plaintiff usually will be more harmful than one brought against the defendant, it is the duty of the plaintiff's attorney to keep the case like "Caesar's wife," if he can.One of the best ways to accomplish this is through a motion in limine. For those who are not familiar with this practice, it is a motion, heard in advance of jury selection, which asks …

How To Handle Medico-Legal Semantics, Hugh Miracle

Cleveland State Law Review

One of the main objectives of counsel in evidence presentation, both from the plaintiff and the defense side, is to instill in the minds of the jury a sufficiently clear and understandable knowledge of the medical facts of the case. In order to reach such a result, it is helpful to consider the medico-legal work in a trial from the viewpoint of semantics.

Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon

Cleveland State Law Review

By 1963 claims paid by insurance companies for "whiplash" injuries amounted to more than thirty per cent of the total claims paid. It was natural that the insurance companies began a campaign to discredit "whiplash" claims. The industry has been most successful in convincing many judges and jurors that these injuries often are faked by those claiming them. Since the publication of several articles concerning these neck injuries, the insurance industry has adopted a very cynical approach to all "whiplash" injuries. No other injury in the history of American jurisprudence has been the subject of such unfavorable publicity.

Electronic Aids To Navigation And Their Basis As Fault In Marine Casualties, Raymond T. Letulle

Villanova Law Review

No abstract provided.

Evidence--Internal Revenue Code--Admissibility Of Illegally-Obtained Evidence, David W. Crumbo

Kentucky Law Journal

No abstract provided.