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- Evidence (9)
- Intoxication (6)
- Breath tests (4)
- Confessions (4)
- Expert testimony (4)
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- Alcohol (2)
- Blood alcohol tests (2)
- Blood tests (2)
- Bloood-alcohol concentration (2)
- Burden of proof (2)
- Chemical tests (2)
- Consent (2)
- Expert witness (2)
- Hospital records (2)
- Implied consent (2)
- Lay opinion (2)
- Perjury (2)
- Self-incrimination (2)
- Witness (2)
- Admissability (1)
- Admissibility (1)
- Admissibility of evidence (1)
- Admissions (1)
- Alibi (1)
- Antagonistic interest (1)
- Automobile insurance (1)
- Autopsy (1)
- Background report (1)
- Betts v. Brady (1)
- Capital case (1)
Articles 1 - 30 of 33
Full-Text Articles in Evidence
Evidence--Identity Of Driver In Absence Of Direct Evidence, William Thomas Harrison
Evidence--Identity Of Driver In Absence Of Direct Evidence, William Thomas Harrison
West Virginia Law Review
No abstract provided.
Evidence--Lie Detector Testimony Admissible On Stipulation, John Everett Busch
Evidence--Lie Detector Testimony Admissible On Stipulation, John Everett Busch
West Virginia Law Review
No abstract provided.
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Michigan Law Review
I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …
Packer: Ex-Communist Witnesses, Malcolm Sharp
Packer: Ex-Communist Witnesses, Malcolm Sharp
Michigan Law Review
A Review of Ex-Communist Witnesses. By Herbert L. Packer
Statement Of Fact Versus Statement Of Opinion -- A Spurious Dispute In Fair Comment, Herbert W. Titus
Statement Of Fact Versus Statement Of Opinion -- A Spurious Dispute In Fair Comment, Herbert W. Titus
Vanderbilt Law Review
In attempting to solve problems in a variety of areas lawyers continuously make use of a distinction between statements of "fact" on the one hand and those of "opinion" on the other.' So versatile is this distinction that it has been used to solve problems raised in such diverse areas of the law as evidence and defamation. However, since the turn of the century the fact-opinion dichotomy has been severely criticized as a means of deciding what kinds of testimony should be allowed in a legal trial. Yet in the law of defamation, where this distinction has been extensively applied …
Evidence—Documentary Evidence Under Rule 113(4) Of The Rules Of Civil Practice Defined, Albert Dolata
Evidence—Documentary Evidence Under Rule 113(4) Of The Rules Of Civil Practice Defined, Albert Dolata
Buffalo Law Review
Brill v. Brill, 10 N.Y.2d 308, 178 N.E.2d 720, 222 N.Y.S.2d 321 (1961).
State Criminal Confession Cases: Subsequent Developments In Cases Reversed By U.S. Supreme Court And Some Current Problems, Wilfred J. Ritz
State Criminal Confession Cases: Subsequent Developments In Cases Reversed By U.S. Supreme Court And Some Current Problems, Wilfred J. Ritz
Washington and Lee Law Review
No abstract provided.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
The Dilemma Of The Directed Acquittal, Richard H. Winningham
The Dilemma Of The Directed Acquittal, Richard H. Winningham
Vanderbilt Law Review
Some of the worst abuses of state criminal due process, the author believes, result from anachronistic and artificial restraints which prevent the trial judge from directing acquittals. Therefore,he advocates for all states a uniform policy and practice recognizing and authorizing directed acquittals where the evidence is legally insufficient to support a conviction.
Procedure And Evidence -- 1961 Tennessee Survey (Ii), Edmund M. Morgan, Joel F. Handler
Procedure And Evidence -- 1961 Tennessee Survey (Ii), Edmund M. Morgan, Joel F. Handler
Vanderbilt Law Review
Construction of Pleading--(a) Conclusions.- In an action by the administratrix of a decedents estate the allegations in the complaint that the intestate had a policy of insurance on his life for $1,500 and was induced by the fraud of defendant to make defendant the beneficiary by which she was able to collect the money upon his death and "that this $1500 insurance money is the property of the estate and defendant is accountable to complainant as administratrix of the estate" are sufficient as against ademurrer on the ground that the complaint fails to show any right or title in complainant …
Procedural Problems Of Class Suits, Joseph J. Simeone
Procedural Problems Of Class Suits, Joseph J. Simeone
Michigan Law Review
The purpose of this article is to discuss numerous aspects of the class device, to discuss the many procedural problems confronting court and counsel, to determine the effectiveness of one type of class suit-the spurious-and in the conclusion, to propose legislation for a new rule independent of the rules regarding class actions, a remedy which would more effectively permit the dispatch of numerous claims arising from similar fact patterns.
Federal Trade Commission-Adjudicatory Proceedings-Receipt Of Evidence In Camera, Peter W. Williamson
Federal Trade Commission-Adjudicatory Proceedings-Receipt Of Evidence In Camera, Peter W. Williamson
Michigan Law Review
During an adjudicatory hearing pursuant to a complaint filed by the Federal Trade Commission, counsel for the Commission offered as evidence some confidential documents subpoenaed from respondent. The hearing examiner, on his own motion, ordered all confidential documents placed in camera. Counsel for the FTC objected to the order and filed an interlocutory appeal to the Commission. On the interlocutory appeal, held, error in part. Because these documents do not contain highly secret business information they must appear on the public transcript, unless tendered to the Commission and obtained subject to an express stipulation that, if offered in …
The Basis Of Medical Testimony, Paul D. Rheingold
The Basis Of Medical Testimony, Paul D. Rheingold
Vanderbilt Law Review
Like any other expert, the medical witness is brought into court to render an opinion upon technical issues involved in a case. Fundamental to the opinions or conclusions which the medical witness renders is a matrix of data learned, observed or related, both fact and opinion. These subsidiary items, taken together, are commonly referred to as the basis of expert testimony. Thus a doctor, in testifying on the cause of a patient's condition, for example, might refer to and rely upon what he has observed in examining the patient, upon what the patient has told him of his symptoms, and …
Twenty-Five Years Of State Criminal Confession Cases In The U. S. Supreme Court, Wilfred J. Ritz
Twenty-Five Years Of State Criminal Confession Cases In The U. S. Supreme Court, Wilfred J. Ritz
Washington and Lee Law Review
No abstract provided.
Admissibility Of Evidence Of Insurance In Automobile Negligence Actions
Admissibility Of Evidence Of Insurance In Automobile Negligence Actions
Washington and Lee Law Review
No abstract provided.
Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.
Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.
Michigan Law Review
Consolidation of two actions arising from a multi-vehicle highway accident resulted in verdicts in both causes against appellants. One action was brought against appellants by the administratrix of a deceased driver under a wrongful death statute, and resulted in a verdict for the administratrix because of a statutory presumption of deceased's due care. The other action was a personal injury suit by a third party against appellants and the administratrix as co-defendants, and resulted in a verdict exonerating the deceased driver, despite circumstances raising an inference of his negligence. Appellants' motions for judgment notwithstanding the verdict and new trial were …
Competency Of Medical Witnesses As Experts On Disability In Negligence - Shivers V. Carnaggi, Donad Needle
Competency Of Medical Witnesses As Experts On Disability In Negligence - Shivers V. Carnaggi, Donad Needle
Maryland Law Review
No abstract provided.
Expert Opinion And The Ultimate Issue Doctrine - Shivers V. Carnaggio, Donald Needle
Expert Opinion And The Ultimate Issue Doctrine - Shivers V. Carnaggio, Donald Needle
Maryland Law Review
No abstract provided.
Admissibility Of Opinions In Dying Declarations - Connor V. State, Laurence M. Katz
Admissibility Of Opinions In Dying Declarations - Connor V. State, Laurence M. Katz
Maryland Law Review
No abstract provided.
The Circumstantial And Impeachment Uses Of A Prior Conviction - Taylor V. State, Allen L. Schwait
The Circumstantial And Impeachment Uses Of A Prior Conviction - Taylor V. State, Allen L. Schwait
Maryland Law Review
No abstract provided.
Scientific Investigation Of Intoxication, Bernard J. Conley
Scientific Investigation Of Intoxication, Bernard J. Conley
Cleveland State Law Review
The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …
Evidence - Criminal Insanity - Psychologist's Diagnosis Regarding Mental Disease Or Defect Admissible On Issue Of Insanity, C. Clark Hodgson Jr.
Evidence - Criminal Insanity - Psychologist's Diagnosis Regarding Mental Disease Or Defect Admissible On Issue Of Insanity, C. Clark Hodgson Jr.
Villanova Law Review
No abstract provided.
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.
Intoxication And Opinion Evidence, John E. Martindale
Intoxication And Opinion Evidence, John E. Martindale
Cleveland State Law Review
It must be said at the outset that there are many problems in connection with the rules of evidence which an article as short as this one cannot hope to touch upon. Among these is the relevance of intoxication to particular issues. It must be assumed that the evidence sought to be introduced is material and relevant. With this assumption we will consider three areas of intoxication evidence: lay opinion, expert opinion and hospital records. These are the three main areas involving the introduction of an opinion as to intoxicated condition.
Autopsy Evidence, Garcon Weiss
Autopsy Evidence, Garcon Weiss
Cleveland State Law Review
Frequently death results in legal problems, either civil or criminal, the solutions of which depend on the cause of death. The autopsy (necropsy), or post-mortem examination, is the scientific method of determining the cause of death. An autopsy is the careful inspection of the external and internal structures of the body. There are two types of autopsy, the medical autopsy and the medico-legal autopsy. This article is limited to the use of the autopsy for medico-legal purposes, i.e., for obtaining and submitting evidence.
Experimental Evidence, Donald L. Guarnieri
Experimental Evidence, Donald L. Guarnieri
Cleveland State Law Review
The purpose of this article is to explain the concepts basic to the admissibility of experimental evidence in civil jury cases. The article will examine the prerequisites to the admissibility of experimental evidence, will give illustrations of various experiments, and will comment on the trend of court decisions since the latter part of the nineteenth century. The article deals primarily with experiments conducted outside of the court room as opposed to experiments conducted in the courtroom in the presence of a jury.
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.
Intoxication And Opinion Evidence, John E. Martindale
Intoxication And Opinion Evidence, John E. Martindale
Cleveland State Law Review
It must be said at the outset that there are many problems in connection with the rules of evidence which an article as short as this one cannot hope to touch upon. Among these is the relevance of intoxication to particular issues. It must be assumed that the evidence sought to be introduced is material and relevant. With this assumption we will consider three areas of intoxication evidence: lay opinion, expert opinion and hospital records. These are the three main areas involving the introduction of an opinion as to intoxicated condition.
Scientific Investigation Of Intoxication, Bernard J. Conley
Scientific Investigation Of Intoxication, Bernard J. Conley
Cleveland State Law Review
The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
Cleveland State Law Review
It is to be admitted that the proof of injury, which is directed to the senses, is a most convincing means of proof, and is the best evidence of a material fact, but it is not the fact that such exhibition is material that comes into dispute when such an exhibition is sought to be admitted, rather it is the claimed prejudicial effect of such exhibition, or the possibility that it might be indecent that raises the objection to this form of evidence.