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Articles 1 - 30 of 31
Full-Text Articles in Evidence
The Types Of Evidence: An Analysis, Lyman R. Patterson
The Types Of Evidence: An Analysis, Lyman R. Patterson
Vanderbilt Law Review
Since the purpose of this article is to analyze evidence in functional terms, it may be helpful at the outset to state the basic ideas which underlie the discussion.
1. Evidence consists of propositions of fact which are related to another proposition, a proposed conclusion. Evidence is thus to be distinguished from the fact or facts which are its basis. 2. The essential relationship of propositions which are evidence to the proposition which is the proposed conclusion is relevancy. 3. The relevancy of evidence to the proposed conclusion is determined by the inference drawn from the evidence. If the evidence …
Constitutional Law—Inspections And The Warrant Requirement—Warrant Required In Zoning Inspections Where Purpose Is To Gather Evidence For A Criminal Prosecution, George Wallach
Buffalo Law Review
People v. Laverne, 14 N.Y.2d 304, 200 N.E.2d 441, 251 N.Y.S.2d 452 (1964).
Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review
Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review
Michigan Law Review
At common law, illegally seized evidence was admissible on the theory that the nature of the seizure did not necessarily affect the probative value of the evidence. However, in 1914 the United States Supreme Court, in order to protect the fourth amendment's guarantee of freedom from unreasonable searches and seizures, adopted a rule excluding from federal courts evidence illegally seized by federal officials. In 1961, the scope of this rule was extended by Mapp v. Ohio, which held that all evidence obtained in violation of the fourth amendment is inadmissible in state courts. However, the Mapp doctrine applies only …
Extrajudicial Criminal Confessions In Indiana: Changes In The Law Of Admissibility
Extrajudicial Criminal Confessions In Indiana: Changes In The Law Of Admissibility
Indiana Law Journal
No abstract provided.
Evidence—Affidavit Concerning Jurors’ Unauthorized View Inadmissible As Ground For New Trial, Arthur A. Russ Jr.
Evidence—Affidavit Concerning Jurors’ Unauthorized View Inadmissible As Ground For New Trial, Arthur A. Russ Jr.
Buffalo Law Review
People v. DeLucia, 15 N.Y.2d 294, 206 N.E.2d 324, 258 N.Y.S.2d 377 (1965), cert. denied, 34 U.S.L. Week 3106 (U.S. Oct. 12, 1965).
Contracts -- 1964 Tennessee Survey, Paul I. Hartman
Contracts -- 1964 Tennessee Survey, Paul I. Hartman
Vanderbilt Law Review
I. Promissory Estoppel--Application by Federal Court
II. Third Party Beneficiary--Enforcement of Labor and Material Bond
III. Statute of Frauds--Statute as Defense to Third Party
IV. Parol Evidence Rule--Application to Extrensic Subsequent Agreement
V. Illegal Bargains--Agreement Not to Compete
VI. Death of Party to Personal Service Contract as Terminating the Contract
Evidence -- 1964 Tennessee Survey, Lyman R. Patterson
Evidence -- 1964 Tennessee Survey, Lyman R. Patterson
Vanderbilt Law Review
The difficulty in dealing with presumptions arises in part from the fact that the term embraces a host of different meanings, varying with the purposes underlying the presumption in a given situation. Unfortunately, the courts seldom articulate the meaning which they are attributing to the term and consequently do little to clear up the confusion... In Arnett v. Fuston, a negligence action, plaintiff argued that a verdict of not guilty against one of the two co-defendants was not supported by any evidence, and that a presumption should apply against him "for his election to stand on his motion for directed …
Evidence: A Functional Meaning, Lyman R. Patterson
Evidence: A Functional Meaning, Lyman R. Patterson
Vanderbilt Law Review
A trial always involves two basic problems-the problem of ascertaining the truth of the matter in issue, and the problem of re-solving a dispute. The former can be characterized as the probative problem, arising from the problem of proving, and the latter as the forensic problem, arising from the procedural problem of proving-in-a-trial. The probative problem is a problem of evidence in that it is the problem of using evidence to ascertain the truth by "the ratiocinative process of continuous persuasion."' The forensic problem is a problem of the admissibility of evidence, and it is the forensic problem which has …
Evidence—Effect Of Tortfeasor's Death Upon Admissibility Of Blood Test In Civil Action, Anon
Evidence—Effect Of Tortfeasor's Death Upon Admissibility Of Blood Test In Civil Action, Anon
Washington Law Review
The question whether analyses of blood samples taken from a deceased person may be admitted into evidence in a civil suit is one of first impression in Washington. Plaintiff, a truck-owner, sued decedent's executor for damages to his truck sustained in a collision with decedent's automobile, alleging that decedent was negligent in driving under the influence of intoxicants. A blood sample was taken by a coroner, in accordance with Washington Revised Code section 68.08.106, approximately one hour after death. Analysis of decedent's blood sample was admitted into evidence over defendant's objection, as proof of decedent's intoxication. On appeal from a …
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
Michigan Law Review
Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …
Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review
Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review
Michigan Law Review
In 1956, the Social Security Act was amended to provide monthly disability insurance benefits to qualifying individuals under a uniform national program administered by the Secretary of Health, Education, and Welfare. Under this program, a claimant is entitled to disability benefits if he is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to be of long continued and indefinite duration." This definition and its accompanying statutory standards were purposely made conservative in order to minimize the problems inherent in initiating the program; it was contemplated that …
Abstracts Of Recent Cases, Ralph Judy Bean Jr.
Abstracts Of Recent Cases, Ralph Judy Bean Jr.
West Virginia Law Review
No abstract provided.
Admissibility Of Parol Evidence In Judicial Determinations Of Arbitrability, Michigan Law Review
Admissibility Of Parol Evidence In Judicial Determinations Of Arbitrability, Michigan Law Review
Michigan Law Review
Whether parol evidence of bargaining history is admissible in a court's determination of arbitrability is a problem arising out of the United States Supreme Court's 1960 decisions in the Steelworkers Trilogy. The Court there emphasized the national labor policy favoring arbitration as the best means of resolving labor disputes. Citing its earlier Lincoln Mills decision interpreting section 301(a) of the Labor Management Relations Act, the Court stated that, in enacting section 301, Congress assigned the question of the jurisdiction of an arbitrator to the courts in the absence of an agreement by the parties specifically assigning the question to …
Evidence—Evidence Illegally Obtained By Private Parties Admissible In Civil Action, Thomas M. Ward
Evidence—Evidence Illegally Obtained By Private Parties Admissible In Civil Action, Thomas M. Ward
Buffalo Law Review
Sackler v. Sackler, 15 N.Y.2d 40, 203 N.E.2d 481, 255 N.Y.S.2d 83 (1964).
Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington
Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington
Michigan Law Review
We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …
Compulsory Husband-Wife Testimony In Criminal Cases
Compulsory Husband-Wife Testimony In Criminal Cases
Washington and Lee Law Review
No abstract provided.
Evidence Of The Absence Of Fresh Complaint Is Admissible In Sodomy Prosecution-United States V. Goodman, Michigan Law Review
Evidence Of The Absence Of Fresh Complaint Is Admissible In Sodomy Prosecution-United States V. Goodman, Michigan Law Review
Michigan Law Review
Defendant was convicted of two counts of sodomy by a general court martial. The alleged victims of the defendant had failed to complain immediately following the incidents, and evidence of such failure on the part of one of the witnesses had been admitted at trial. A Navy board of review affirmed the conviction, modifying the sentence. Defendant appealed to the United States Court of Military Appeals on the ground that it had been prejudicial error for the law officer to refuse to give a proffered instruction to the court-martial panel respecting the victim's failure to make fresh complaints. On appeal, …
The Present Extent Of The Informer Privilege - Walker V. United States, Theodore B. Cornblatt
The Present Extent Of The Informer Privilege - Walker V. United States, Theodore B. Cornblatt
Maryland Law Review
No abstract provided.
Blood Grouping Tests And The New Kentucky Solution, Paul Hieronymus
Blood Grouping Tests And The New Kentucky Solution, Paul Hieronymus
Kentucky Law Journal
No abstract provided.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1965.
Acts As Communications Under The Marital Privilege - Gutridge V. State
Acts As Communications Under The Marital Privilege - Gutridge V. State
Maryland Law Review
No abstract provided.
Evidence, Roslyn M. Litman
Evidence, Roslyn M. Litman
Scholarship
This article is not intended to constitute a comprehensive review of all evidence cases decided in Pennsylvania in the past ten years. The cases selected, of necessity, have been limited. They have been chosen because they affect either a field of special interest or one of special confusion. Cases dealing with applications of the parol evidence rule and with constitutional issues in criminal prosecutions have been omitted entirely because they are covered elsewhere in this Survey.
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Cleveland State Law Review
There is a need in most malpractice suits to impress the jury with the operation and effect of the conspiracy of silence,and in most jurisdictions, to do so would apparently not, and certainly should not, result in reversible error if done in a reasonable and temperate manner.
The Antitrust Civil Process Act: The Attorney-General's Pre-Action Key To Company Files, David D. Siegel
The Antitrust Civil Process Act: The Attorney-General's Pre-Action Key To Company Files, David D. Siegel
Villanova Law Review
No abstract provided.
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Cleveland State Law Review
We do not question the need for, or the benefits of specialization, but rather point to some of the confusion which results, in legal cases involving the medical specialist. The apparent contradiction that appears in proceedings involving specialists is illustrated by two cases where the patient's heart stopped beating while on the operating table.
Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer
Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer
Cleveland State Law Review
Many cases deal with the use of Federal tax returns in non-tax cases. The inherent danger in subjecting tax returns to discovery at pre-trial and admission at trial, is the unnecessary disclosure of confidential information. Yet, when income tax returns are material and relevant to the claims of the parties litigant, a contention of privileged communication should not be used to defeat justice.
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Cleveland State Law Review
Defense counsel usually pounce on "negative" x-rays, i.e., ones which show little or no change from before to after the accident. They triumphantly parade admissions from medical witnesses that "the x-rays in the case are totally negative," before a jury which is enormously impressed through abysmal ignorance of what x-rays can and do show. Thus, the problem facing counsel for the injured party is how most persuasively to acquaint the jury with means of properly evaluating x-rays in view of their significant attributes and their deficiencies. Plaintiff's counsel must somehow explain the purpose of x-rays, augment their limited information, and/or …
Conspiracy Of Silence, Richard M. Markus
Conspiracy Of Silence, Richard M. Markus
Cleveland State Law Review
The requirement that independent expert medical testimony establish the proper standard of care and the defendant's failure to meet that standard imposes an almost insurmountable obstacle in many cases. The so-called conspiracy of silence has been recognized, as a matter of judicial notice, by courts in New Jersey, California, and elsewhere. The use of that phrase to describe the unavailability of medical witnesses has particularly dramatic force which impresses a court and jury. However, no apt phrase could detract from the reality of this practical problem which faces an attorney representing a client seeking damages from a physician for professional …
Conflicting Presumptions: An Evaluation Of The Solution Proposed By Uniform Rule 15, Edward C. Mengel Jr.
Conflicting Presumptions: An Evaluation Of The Solution Proposed By Uniform Rule 15, Edward C. Mengel Jr.
Villanova Law Review
No abstract provided.
Grand Jury Secrecy, Richard M. Calkins
Grand Jury Secrecy, Richard M. Calkins
Michigan Law Review
When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …