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Articles 1 - 30 of 39
Full-Text Articles in Evidence
The Evidentiary Effect Of A View--Another Word, Thomas P. Hardman
The Evidentiary Effect Of A View--Another Word, Thomas P. Hardman
West Virginia Law Review
No abstract provided.
Judge And The Crime Burden, John Barker Waite
Judge And The Crime Burden, John Barker Waite
Michigan Law Review
One does not happily charge the judiciary with responsibility for the country's burden of crime, but the responsibility does in fact exist. Judges, though they may not encourage crime, interfere with its prevention in various ways. They deliberately restrict police efficiency in the discovery of criminals. They exempt from punishment many criminals who are discovered and whose guilt is evident. More seriously still, they so warp and alter the public's attitude toward crime and criminals as gravely to weaken the country's most effective crime preventive.
Justice Story On The Common Law Of Evidence, John C. Hogan
Justice Story On The Common Law Of Evidence, John C. Hogan
Vanderbilt Law Review
In our system of jurisprudence it is the province of the jury to decide all matters of fact. The trial is held and the verdict of the jury is delivered in the presence of a judge who is bound to decide matters of law which arise in the course of the trial. Whenever a thing offered as proof is questioned as not proper to go before the jury as evidence, that question is to be resolved by the judge, and unless he permits it to be introduced as evidence at the trial, it can not legally come to the consideration …
Evidence - Spontaneous Declarations - Statement By Injured Party While On Way To Hospital, James Beatty S.Ed.
Evidence - Spontaneous Declarations - Statement By Injured Party While On Way To Hospital, James Beatty S.Ed.
Michigan Law Review
Plaintiffs were injured in an automobile accident involving a car, driven by the defendant's decedent, and two oncoming trucks, one passing the other on a three lane highway. Twenty-five minutes after the accident a state police officer arrived and took the driver of the passing truck, who was severely burned and in terrific pain, to the hospital. En route and in response to the officer's inquiry, the driver stated that defendant had caused the accident by swerving to the wrong side of the road. The statement was admitted over defendant's objection that it was hearsay, and verdict was rendered for …
Mccormick: Handbook Of The Law Of Evidence, Mason Ladd
Mccormick: Handbook Of The Law Of Evidence, Mason Ladd
Michigan Law Review
A Review of Handbook of the Law of Evidence. By Charles T. McCormick
Civil Procedure And Evidence—Charge Limiting Use Of Evidence, Joseph Mintz
Civil Procedure And Evidence—Charge Limiting Use Of Evidence, Joseph Mintz
Buffalo Law Review
Fred W. Hoch Assoc. v. Western News Union, 308 N. Y. 461, 126 N. E. 2d 749 (1955).
Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.
Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.
Vanderbilt Law Review
Homicide: In Ivy v. State' the defendant, in the course of a fight with A, stabbed B, a peacemaker, killing him. The defendant appealed his conviction of involuntary manslaughter on the theory that the evidence did not support the verdict, since it showed that the defendant was striking at A in self-defense when he unfortunately stabbed B. The court held that the jury could properly find on the evidence either that (1) the defendant, not A, was the aggressor, or (2) even if A were the aggressor, defendant was not in imminent danger or reasonably supposed danger of death or …
Procedure And Evidence -- 1955 Tennessee Survey, Edmund M. Morgan
Procedure And Evidence -- 1955 Tennessee Survey, Edmund M. Morgan
Vanderbilt Law Review
Demurrer: Demurrers are not favored in Tennessee. The pleading to which a demurrer is interposed is construed most favorably to the pleader. For the purpose of determining the sufficiency of a pleading all properly pleaded allegations are upon demurrer taken to be true; in the usual phrasing, they are said to be admitted. Although Tennessee courts, like all others, declare that a demurrer does not admit a conclusion of law, they sometimes let it come perilously close to doing so. Thus, in an action by a bailee against his bailor for failure to return chattels in the condition in which …
Affirmative Evidence In Draft Classification Of Conscientious Objectors And Ministers
Affirmative Evidence In Draft Classification Of Conscientious Objectors And Ministers
Indiana Law Journal
No abstract provided.
Evidence - Privilege - Maintaining Action Where The Evidence May Affect The National Security, John F. Dodge, Jr. S.Ed.
Evidence - Privilege - Maintaining Action Where The Evidence May Affect The National Security, John F. Dodge, Jr. S.Ed.
Michigan Law Review
The plaintiff brought an action for the breach of a contract for the manufacture of certain arming mechanisms for the use of the United States Army. The defendant moved to dismiss the action on the grounds that the contract in question was classified as confidential by the army and that the disclosures of certain facts asserted to be material in the prosecution and defense of the action would be a violation of the Federal Espionage Laws. Held, motion denied. The court should invoke every proper judicial technique to keep state secrets unrevealed, but it should not dismiss a valid …
Book Reviews, Robert J. Harris (Reviewer), E. M. Morgan (Reviewer)
Book Reviews, Robert J. Harris (Reviewer), E. M. Morgan (Reviewer)
Vanderbilt Law Review
Book Reviews
The Fifth Amendment Today By Erwin N. Griswold Cambridge)Mass.: Harvard University Press. Pp. vi, 82. $0.50
reviewer: Robert J. Harris
Handbook of the Law of Evidence By Charles T, McCormick St.Paul: West Publishing Co., 1954, pp. xxviii, 774.
reviewer: E. M. Morgan
Criminal Law - Contradictory Statements Under Oath As Grounds For Perjury In The Federal Courts, Richard M. Adams S.Ed.
Criminal Law - Contradictory Statements Under Oath As Grounds For Perjury In The Federal Courts, Richard M. Adams S.Ed.
Michigan Law Review
Perjury has frequently been described as one of the more difficult convictions to obtain, and the truth of this saying is no better illustrated than in the case of Harvey Matusow. During the two years in which ex-Communist Matusow served as a professional government witness, he accused 180 or more persons as being members of the Communist Party or Communist sympathizers. This same witness has now described himself as a "habitual and perpetual liar" and has publicly admitted that all of his previous testimony was false. On the strength of this recantation, motions were filed for a new trial in …
Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.
Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.
Michigan Law Review
Acting on information that defendants were engaged in the "numbers racket" in violation of the Michigan gambling laws, police officers picked up three of the defendants in an automobile, took them to the police station, and proceeded to the home of their accomplice, Abbey Clay. On being admitted to the residence, the officers placed Abbey Clay under arrest and, despite her objections, promptly searched the L-shaped room in which they were standing when the arrest was made. Although the officers did not have a search warrant, they looked through defendant's pocketbook, magazine rack, and a cardboard box which was in …
Admissibility Of Evidence Obtained By Unlawful Searches And Seizures, Lawrence L. Lieberman
Admissibility Of Evidence Obtained By Unlawful Searches And Seizures, Lawrence L. Lieberman
William and Mary Review of Virginia Law
No abstract provided.
Evidence, John P. Kovarik
Evidence, John P. Kovarik
Washington Law Review
Covers cases on exceptions to the hearsay rule, on facts that must be included in hypothetical questions and that may form the basis for an expert's answer, and on judicial notice of the useful life structure according to the Internal Revenue Bulletin.
The Use Of Parol Evidence In Cases Involving Written Instruments, William Burnett Harvey
The Use Of Parol Evidence In Cases Involving Written Instruments, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
The Twilight Zone Of Hearsay, Thomas P. Hardman
The Twilight Zone Of Hearsay, Thomas P. Hardman
West Virginia Law Review
No abstract provided.
Juvenile Courts--Constitutional Rights And Rules Of Evidence Applicable, H. C. B.
Juvenile Courts--Constitutional Rights And Rules Of Evidence Applicable, H. C. B.
West Virginia Law Review
No abstract provided.
Morgan: Basic Problems Of Evidence, Alfred L. Gausewitz
Morgan: Basic Problems Of Evidence, Alfred L. Gausewitz
Michigan Law Review
A Review of Basic Problems of Evidence. By Edmund M. Morgan.
Evidence—Cross-Examination To Impeach Credibility Held Prejudicial, Alan H. Levine
Evidence—Cross-Examination To Impeach Credibility Held Prejudicial, Alan H. Levine
Buffalo Law Review
McQuage v. City of New York, 285 App. Div. 249, 136 N. Y. S. 2d 111 (1st Dep't 1954).
Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.
Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.
Michigan Law Review
Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Jurisdiction to Modify Custody Decree after Child's Domicile Changes--Full Faith and Credit in Third State
Constitutional Law--Freedom of Speech--"Prior Restraint" of Motion Pictures
Corporations--Uniform Stock Transfer Act--Effect of Notice of Restriction on Transfer
Criminal Procedure--Contempt--Extent of Power of Trial Judge to Punish Summarily
Evidence--Post-Accident Statements--Theories of Admissibility
Insurance--Automobile Theft Policy--Meaning of "Possession" in Exclusionary Clause of Policy
Malicious Prosecution--No Recovery for Base Less Civil Action--Necessity of "Special Injury"
Malpractice--Negligent Prescription of Habit--Forming Drugs--Patent's Simulation of Pain as Contributory Negligenic
Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.
Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.
Michigan Law Review
The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.
Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.
Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.
Michigan Law Review
Indicted for illegal traffic in narcotics, petitioner and his trial counsel allegedly attempted to fabricate an alibi on the false testimony of petitioner's girl friend. The evidence indicated that on several occasions before trial, the girl was invited to the office of petitioner's attorney, given narcotics, and told to memorize certain false testimony to be used in petitioner's defense. Later the girl bad a change of mind and agreed to testify for the government Despite the strenuous objections of defendant's counsel, a description of this alleged fraud on the court was given in the prosecution's opening statement, and the witness …
Evidence--Disclosure Of Defendant's Liability Insurance, C. W. G.
Evidence--Disclosure Of Defendant's Liability Insurance, C. W. G.
West Virginia Law Review
No abstract provided.
Evidence-Application Of Federal Wire Tapping Statute To Recording Authorized By Informer Without Consent Of Accused [United States V. Stephenson, Fed. 1954].
Washington and Lee Law Review
No abstract provided.
Evidence-Admissibility In Prosecution For Drunken Driving Of Accused's Refusal To Submit To Blood Test [Gardner V. Commonwealth, Va. 1954]
Washington and Lee Law Review
No abstract provided.
Evidence-Validity Of Statute Making Illegally Obtained Evidence Admissible In Gambling Prosecution In One County Of State [Salsburg V. Maryland, U S. Sup. Ct. 1954].
Washington and Lee Law Review
No abstract provided.
Witnesses--Personal Transactions With Persons Deceased At Time Of Trial, A. J. B.
Witnesses--Personal Transactions With Persons Deceased At Time Of Trial, A. J. B.
West Virginia Law Review
No abstract provided.
Evidence - Presumptions - Continuting Life During Seven-Year Absence, Douglas Peck S.Ed.
Evidence - Presumptions - Continuting Life During Seven-Year Absence, Douglas Peck S.Ed.
Michigan Law Review
Deceased, a wage earner, disappeared on December 28, 1943, and was unreported for more than seven years. Evidence was conflicting as to whether he had suicidal tendencies. He was adjudged dead in December 1950 by probate court, and plaintiff, as administratrix, filed a claim for monthly social security benefits to which deceased would have been entitled for the period from December 1943 to December 1950. The referee made a finding that deceased died in December 1943. On appeal to the United States District Court from a decision of the Appeals Council of the Federal Security Agency affirming the referee's finding …