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Articles 1 - 11 of 11
Full-Text Articles in Evidence
Civil Practice And Procedure, Hon. Jane Marum Roush
Civil Practice And Procedure, Hon. Jane Marum Roush
University of Richmond Law Review
No abstract provided.
Proving Lost Profits Under Daubert: Five Questions Every Court Should Ask Before Admitting Expert Testimony, Robert M. Lloyd
Proving Lost Profits Under Daubert: Five Questions Every Court Should Ask Before Admitting Expert Testimony, Robert M. Lloyd
University of Richmond Law Review
No abstract provided.
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
University of Richmond Law Review
The adoption of the Federal Rules of Evidence (the Rules) resulted in a more liberal standard for the admission and use of various forms of evidence. For example, the Rules altered the definition of "relevant evidence" increasing the scope of evidence that can be presented to a jury. Also, the Rules per- mit prior inconsistent statements to be admitted as substantive evidence rather than for impeachment purposes only. The Advisory Committee enunciated these changes, and other changes resulting from the adoption of the Rules, in their notes accompanying the Rules.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson
Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson
University of Richmond Law Review
If the magnitude of the mishap so warrants, many businesses immediately call their insurance adjuster or other accident investigator. In some of the larger businesses, accident investigation and insurance have become in-house operations. This quick reflex toward early fact investigation is prompted, in part, by a healthy respect for the potentiality of claims arising out of the day to day conduct of business affairs. When a suit against such company ultimately is ified and discovery sought, an issue often arises concerning whether early institutional investigations are "work product" for purposes of the federal or Virginia rules of civil procedure. This …
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy
University of Richmond Law Review
The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
University of Richmond Law Review
The issue of third party confessions generates great controversy. The basic inquiry is, should confessions allegedly uttered by persons other than the defendant be admitted into evidence in a criminal trial? If so, under what conditions? How much discretion should a trial judge be afforded in determining whether this evidence should be admitted to exculpate a person charged with murder, armed robbery, or rape? Should the trial judge or the jury determine the reliability of the witness, the declarant, or the content of the confession itself? These considerations, in addition to due process arguments, have troubled criminal courts, legislators, and …
Discovery Of Expert Information Under The Federal Rules
Discovery Of Expert Information Under The Federal Rules
University of Richmond Law Review
With the adoption of extensive pretrial discovery mechanisms, preparation for trial in the federal system underwent a dramatic alteration. Instead of relying upon pleadings to perform the tasks of notice-giving, issue formulation, and fact-revelation, the various discovery devices available under the Federal Rules of Civil Procedure allow the parties "to obtain the fullest possible knowledge of the issues and facts before trial."' Discovery was created to promote the just, speedy, and inexpensive disposal of litigation. To this end, discovery serves to (1) facilitate the formulation and narrowing of issues; (2) protect against unfair surprise during trial; (3) detect any superflous …
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.
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 …