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Evidence Commons

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Articles 1 - 25 of 25

Full-Text Articles in Evidence

Evidence--Identity Of Driver In Absence Of Direct Evidence, William Thomas Harrison Dec 1962

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 Dec 1962

Evidence--Lie Detector Testimony Admissible On Stipulation, John Everett Busch

West Virginia Law Review

No abstract provided.


Evidence—Documentary Evidence Under Rule 113(4) Of The Rules Of Civil Practice Defined, Albert Dolata Oct 1962

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 Sep 1962

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. Jun 1962

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.


Admissibility Of Evidence Of Insurance In Automobile Negligence Actions Mar 1962

Admissibility Of Evidence Of Insurance In Automobile Negligence Actions

Washington and Lee Law Review

No abstract provided.


Twenty-Five Years Of State Criminal Confession Cases In The U. S. Supreme Court, Wilfred J. Ritz Mar 1962

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.


Chapter 21: Evidence, Frederick A. Mcdermott Jan 1962

Chapter 21: Evidence, Frederick A. Mcdermott

Annual Survey of Massachusetts Law

No abstract provided.


Evidence--Res Gestae--Time Element In Rape, Terrence R. Fitzgerald Jan 1962

Evidence--Res Gestae--Time Element In Rape, Terrence R. Fitzgerald

Kentucky Law Journal

No abstract provided.


The Circumstantial And Impeachment Uses Of A Prior Conviction - Taylor V. State, Allen L. Schwait Jan 1962

The Circumstantial And Impeachment Uses Of A Prior Conviction - Taylor V. State, Allen L. Schwait

Maryland Law Review

No abstract provided.


Expert Opinion And The Ultimate Issue Doctrine - Shivers V. Carnaggio, Donald Needle Jan 1962

Expert Opinion And The Ultimate Issue Doctrine - Shivers V. Carnaggio, Donald Needle

Maryland Law Review

No abstract provided.


Competency Of Medical Witnesses As Experts On Disability In Negligence - Shivers V. Carnaggi, Donad Needle Jan 1962

Competency Of Medical Witnesses As Experts On Disability In Negligence - Shivers V. Carnaggi, Donad Needle

Maryland Law Review

No abstract provided.


Admissibility Of Opinions In Dying Declarations - Connor V. State, Laurence M. Katz Jan 1962

Admissibility Of Opinions In Dying Declarations - Connor V. State, Laurence M. Katz

Maryland Law Review

No abstract provided.


Corroboration Of Confessions In Federal And Military Trials, Gilbert G. Ackroyd Jan 1962

Corroboration Of Confessions In Federal And Military Trials, Gilbert G. Ackroyd

Villanova Law Review

No abstract provided.


Evidence - Criminal Insanity - Psychologist's Diagnosis Regarding Mental Disease Or Defect Admissible On Issue Of Insanity, C. Clark Hodgson Jr. Jan 1962

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.


Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon Jan 1962

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.


Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst Jan 1962

Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst

Cleveland State Law Review

Some of the most perplexing problems facing the attorney defending a child charged with a delinquency have their inception in misunderstandings, lack of uniformity and loose application of evidential rules. In order to serve the best interests of the children who are before it, and to obtain necessary facts with which to formulate a rehabilitation plan, the courts have a tendency to waive strict adherence to evidence rules. The methodical attorney wonders how the court can serve the best interests of the child and yet seemingly not afford to the child the equal protection of its laws of evidence.


Experimental Evidence, Donald L. Guarnieri Jan 1962

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.


Intoxication And Opinion Evidence, John E. Martindale Jan 1962

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.


Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson Jan 1962

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.


Scientific Investigation Of Intoxication, Bernard J. Conley Jan 1962

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 ...


Intoxication And Opinion Evidence, John E. Martindale Jan 1962

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 Jan 1962

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 ...


Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson Jan 1962

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.


Autopsy Evidence, Garcon Weiss Jan 1962

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.