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Evidence Commons

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Full-Text Articles in Evidence

Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal Jan 1987

Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal

Law Faculty Publications

A return to the emotionally neutral fundamentals of the hearsay rule presents the clash between pragmatists and academicians in a setting which is free of the value laden considerations surrounding child abuse cases. This clash arises at the most fundamental level, that of defining hearsay. Many academicians favor a definition of hearsay as evidence whose reliability depends upon the veracity of someone not subject to cross-examination. Pragmatists (particularly trial lawyers) often find this formulation awkward and prefer a concise definition of hearsay as an out-of-court statement offered for the truth of the contents. The choice of definitions can make a …


Annual Survey Of Virginia Law: Evidence, Charles E. Friend Jan 1987

Annual Survey Of Virginia Law: Evidence, Charles E. Friend

University of Richmond Law Review

During 1986-1987, Virginia evidence law has been expanded and clarified. The Court of Appeals has proved to be an important source of evidentiary decisions, and the Supreme Court of Virginia has provided needed guidance in several areas.