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Articles 121 - 138 of 138
Full-Text Articles in Evidence
A Practitioner's Guide To The Federal Rules Of Evidence
A Practitioner's Guide To The Federal Rules Of Evidence
University of Richmond Law Review
On July 1, 1975, the Federal Rules of Evidence went into effect. President Ford's signature on Public Law 93-595 was the culmination of nearly twenty years of study, drafting, and debate. Obviously the decision to codify federal evidence law was not lightly made, but the desire for uniformity ultimately made the Rules possible. As with all major legislation, compromise was necessary and certain areas of the law were left untouched. Criminal presumptions represent one such area. In other areas, such as privilege, only minimal codification was possible. The final result is a good set of rules, but one which might …
Evidence-Defendant's Confession Following Confrontation With Illegally Seized Evidence Not Excluded Where Independent Motive Induced The Confession
University of Richmond Law Review
The "fruit of the poisonous tree" doctrine is a refinement of the exclusionary rule of evidence. This rule prevents the admission of secondary evidence (the fruit) discovered or derived from evidence obtained in an unlawful search (the poisonous tree). In this area of search and seizure, courts have excluded confessions made after the accused has been confronted with illegally seized evidence, once it was shown that the confes- sion was caused or induced by the confrontation.
Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber
Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber
University of Richmond Law Review
The notion that talk is the absence of thought is more poetry than analysis. Nevertheless, lawyers know that all talk is not thought and that there is at least a grain of truth in the poet's logic. Some of the same logic may mercifully be applied to the proceedings of ad- ministrative agencies to test whether all the talk in such proceedings is necessary to a rational result and sound implementation of public policy.
Pretrial Discovery- Use Of A Party's Own Deposition
Pretrial Discovery- Use Of A Party's Own Deposition
University of Richmond Law Review
At common law depositions were admissible in evidence in ecclesiastical and equity courts but not in trials at law unless both parties consented. Today, the simple rules of the common law in this area have been entirely replaced by statutory law and Rules of Court. The recent Virginia case of King v. InternationalHarvester Co. is illustrative of the problems en- countered when courts have undertaken judicial interpretation of these codifications.
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
University of Richmond Law Review
The legality of entry gained through the use of a search warrant is dependent upon the legality of the means used to obtain the warrant. To justify the issuance of a search warrant the affiant must show the existence of probable cause.
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.
Substantive Use Of Extrajudicial Statements Of Witnesses Under The Proposed Federal Rules Of Evidence, Laurie R. Rockett
Substantive Use Of Extrajudicial Statements Of Witnesses Under The Proposed Federal Rules Of Evidence, Laurie R. Rockett
University of Richmond Law Review
With the publication last March of the preliminary draft of the rules of evidence for the lower federal courts, the possibility of implementation of reforms in the law of evidence on a national level is opened for the first time. Although all aspects of the proposed rules will doubtless stimulate discussion, the committee's treatment of the hearsay rule is likely to provoke the most comment.
The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.
The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.
University of Richmond Law Review
It is not the intention of the author to concentrate on generalizations in this article, but an introductory comment of a general character on this topic seems unavoidable. Assume that D is on trial for the rape of his fourteen-year-old daughter. He elects not to take the witness stand, claiming this right under the Fifth Amendment. (a) Could W, an older daughter, testify that D raped her several times when she was fourteen years old? (b) Could the prosecutor introduce evidence of a conviction of D for raping W when she was fourteen years old-i.e., would the foregoing offer of …
Erosion Of The Hearsay Rule
University of Richmond Law Review
Over a quarter of a century ago, the consensus among evidence scholars was that the rules of evidence were in need of thorough reform. Case law had become so confusing and contradictory that the American Law Institute regarded a straightforward restatement of the law of evidence as a practical impossibility. Instead that body decided upon a new proposal which might readily be adopted by the states as a comprehensive set of evidence rules. Its aim was a more sensible and simple guide for trial judge and attorney than the existing rules. Leading scholars and jurists collaborated to produce a Model …
Recent Legislation
University of Richmond Law Review
This is a summary of the legislation that came out in 1968.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1967.
Should Virginia Adopt The Federal Rules Of Discovery?, Emanuel Emroch
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 …
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1965.
Testimony In Virginia On The Ultimate Fact In Issue, James W. Payne Jr.
Testimony In Virginia On The Ultimate Fact In Issue, James W. Payne Jr.
University of Richmond Law Review
In a series of recent decisions the Court of Appeals has rejected opinion evidence for the reason, among others, that the opinion related to the ultimate fact in issue, or for the synonymous reason that it invaded the province of the jury. These decisions relate to opinion testimony offered by lay witness and expert alike, although an objection to expert testimony on the ground that it relates to the ultimate fact in issue is normally weaker in force than the same objection when it is advanced to rule out lay testimony. When the expert testifies, by hypothesis, the lay judge …
Recent Cases
University of Richmond Law Review
This article provides a list of the recent cases and their summaries for the year of 1963.
Personal Injury Damage Arguments, James W. Payne Jr.
Personal Injury Damage Arguments, James W. Payne Jr.
University of Richmond Law Review
This brief comment deals only with one facet of Certified T. V. & Appliance Co., Inc. v. Harrington. The plaintiff brought an action for personal injuries.
Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers
Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers
University of Richmond Law Review
Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.
Corroboration Of Confessions In A Criminal Case In Virginia, James W. Payne Jr.
Corroboration Of Confessions In A Criminal Case In Virginia, James W. Payne Jr.
University of Richmond Law Review
The purpose of this brief note is to examine the Virginia rules relating to the requirement of corroboration of an extrajudicial, confession as a basis for conviction of a criminal offense. The rules discussed herein do not, of course, apply to a plea of guilty in open court, and it might be noted too that the title selected by the author may be misleading in that, as a general rule, the rules discussed do apply to incriminating admissions of fact (except those occurring before the alleged criminal act) as well as full confessions. "A confession is the admission of guilt …