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Evidence Commons

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1978

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Articles 1 - 30 of 52

Full-Text Articles in Evidence

Proposed Rule Of Evidence 609: Impeachment Of Criminal Defendants By Prior Convictions, D. Joseph Hurson Dec 1978

Proposed Rule Of Evidence 609: Impeachment Of Criminal Defendants By Prior Convictions, D. Joseph Hurson

Washington Law Review

This comment describes current Washington law on the use of criminal convictions to impeach the testimony of criminal defendants and examines the factors which are relevant to the formation of a more acceptable rule. Adoption of the proposed rule would also affect the rules for impeaching nondefendant witnesses. Only a criminal defendant, however, is in jeopardy of actually being convicted as a result of a jury's misuse of evidence of prior convictions. Because the interests of the criminal defendant witness will be so drastically affected by the prior conviction rule which the Washington Supreme Court ultimately adopts, this comment ...


The Marital Privileges In Washington Law: Spouse Testimony And Marital Communications, Teresa Virginia Bigelow Dec 1978

The Marital Privileges In Washington Law: Spouse Testimony And Marital Communications, Teresa Virginia Bigelow

Washington Law Review

This comment is an attempt to analyze and clarify Washington marital privilege law. Each privilege is presented against the backdrop of policy rationales. This overview of the privileges is designed to facilitate their use and also to point out the great need for revision of the Washington law. In conclusion, two alternative approaches are presented as models for a revised set of Washington marital privileges.


Women's Self-Defense Under Washington Law—State V. Wanrow, 88 Wn. 2d 221, 559 P.2d 548 (1977), Jennifer Marsh Dec 1978

Women's Self-Defense Under Washington Law—State V. Wanrow, 88 Wn. 2d 221, 559 P.2d 548 (1977), Jennifer Marsh

Washington Law Review

The Washington Supreme Court, in State v. Wanrow, examined the issue of self-defense for women under Washington law and held that the application of traditional self-defense rules resulted in prejudicial treatment of women defendants. This note will examine the meaning of the Wanrow decision and offer support for its holding in light of available psychological and sociological data. Additionally, this note will suggest a special analytical framework utilizing social science data to test accepted legal doctrines for latent sex discrimination. The importance of these data in exposing such discrimination will be shown by examining related cases in the area of ...


The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson Dec 1978

The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson

Washington Law Review

This article discusses the underlying reasons for establishing rules of evidence, defines two unavoidable conflicts encountered in attempting to effectuate the purposes for adopting such rules, suggests that the Federal Rules of Evidence help resolve these conflicts by adhering to several clearly enunciated rationales, and, finally, indicates how the Rules recognize and accommodate important new scientific and social insights on the admissibility of evidence.


Elimination Of The Agency Fiction In The Vicarious Admissions Exception, Norman B. Page Dec 1978

Elimination Of The Agency Fiction In The Vicarious Admissions Exception, Norman B. Page

Washington Law Review

This note will compare the Washington courts' application of the common law vicarious admissions exception to the broad rule embodied in Federal Rule 801(d)(2)(D). Furthermore, it will identify and analyze the policies upon which the vicarious admissions rule is grounded and will compare the effectiveness of the common law rule and the federal or "broad" rule in fulfilling those policies. It will demonstrate how, in focusing on the substantive law of agency rather than directly on those circumstances which tend to assure a statement's trustworthiness, both rules share a fundamental flaw and, as a result, accomplish ...


From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege? Nov 1978

From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?

BYU Law Review

No abstract provided.


Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr. Oct 1978

Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Parker V. Randolph, Lewis F. Powell Jr. Oct 1978

Parker V. Randolph, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


North Carolina V. Butler, Lewis F. Powell Jr. Oct 1978

North Carolina V. Butler, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Due Process And The Insanity Defense: The Supreme Court's Retreat From Winship And Mullaney, Jeffrey A. Burger Oct 1978

Due Process And The Insanity Defense: The Supreme Court's Retreat From Winship And Mullaney, Jeffrey A. Burger

Indiana Law Journal

No abstract provided.


Impeachment Of One's Own Witness By Prior Inconsistent Statements Under The Federal And Arkansas Rules Of Evidence, Samuel A. Perroni Oct 1978

Impeachment Of One's Own Witness By Prior Inconsistent Statements Under The Federal And Arkansas Rules Of Evidence, Samuel A. Perroni

University of Arkansas at Little Rock Law Review

No abstract provided.


"Just Sign Here--It's Only A Formality": Parol Evidence In The Law Of Commercial Paper, Ellen R. Jordan Sep 1978

"Just Sign Here--It's Only A Formality": Parol Evidence In The Law Of Commercial Paper, Ellen R. Jordan

Scholarly Works

Part I will argue that certainty is especially important in the law of negotiable instruments, although it does not outweigh all other values. In light of the need for certain rules, this Article will consider the policy choices made by the drafters of the Uniform Commercial Code's Article 3 on Commercial Paper with respect to parol evidence. Part II will examine certain parol evidence that is admissible against even the law's most favored plaintiff, the holder in due course. Part III will focus on the Code's indirect treatment of the most troublesome parol evidence problems, those which ...


Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications Sep 1978

Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications

Washington and Lee Law Review

No abstract provided.


The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly Sep 1978

The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly

West Virginia Law Review

No abstract provided.


Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley Jul 1978

Admissibility Of Evidence Under Indiana's "Common Scheme Or Plan" Exception, Thomas Quigley

Indiana Law Journal

No abstract provided.


Presumptive Possession Of Weapons: New York's Controversial Statute, Murray N. Caplan Jul 1978

Presumptive Possession Of Weapons: New York's Controversial Statute, Murray N. Caplan

Buffalo Law Review

No abstract provided.


Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes Jul 1978

Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes

Scholarly Works

The purpose of this essay is to suggest an analytic framework for solving a recurrent insurance problem which springs from what might be called an "evidentiary condition." These conditions can be found in most classes of insurance policies. The immodest purpose of this modest essay is to devise a line of analysis which resolves the problems raised by evidentiary conditions and affords sensitivity and protection to all the competing interests in an insurance contract. The proffered solution, which I label the doctrine of evidentiary conditions, may furnish a doctrinal bridge for reconciling the two disparate contract schools.


Halloran V. Virginia Chemicals, Inc.: The Admissibility Of Habit Evidence In New York To Prove Negligence, Kathleen Anne Drumm Jul 1978

Halloran V. Virginia Chemicals, Inc.: The Admissibility Of Habit Evidence In New York To Prove Negligence, Kathleen Anne Drumm

Buffalo Law Review

No abstract provided.


Contracts—Warranties, Unconscionability, And The Parol Evidence Rule—Industralease Automated & (And) Scientific Corp. V. R.M.E. Enterprises, Inc., Lawrence S. Goldberg Jul 1978

Contracts—Warranties, Unconscionability, And The Parol Evidence Rule—Industralease Automated & (And) Scientific Corp. V. R.M.E. Enterprises, Inc., Lawrence S. Goldberg

Buffalo Law Review

No abstract provided.


Client Perjury, Charles W. Wolfram Jul 1978

Client Perjury, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Proof Of Paternity - The New Test, J. Rodney Johnson Jun 1978

Proof Of Paternity - The New Test, J. Rodney Johnson

Law Faculty Publications

The true identity of a child's father has been the subject of speculation in many a case, literally speaking, as far back as the memory of man runneth. And, the rather obvious social problem giving occasion to this speculation refuses to remain a facet of our moral history. Indeed, if statistics relating to the number of illegitimate births in the United States can be viewed as a valid indicator of the magnitude of this problem of speculative paternity in contemporary times, the problem has never been greater.


The Role Of Circumstantial Evidence In Proving Discriminatory Intent: Developments Since Washington V. Davis, Michael A. Collotta May 1978

The Role Of Circumstantial Evidence In Proving Discriminatory Intent: Developments Since Washington V. Davis, Michael A. Collotta

Boston College Law Review

No abstract provided.


Post-Transaction Evidence In Securities Litigation, Martin I. Kaminsky May 1978

Post-Transaction Evidence In Securities Litigation, Martin I. Kaminsky

Boston College Law Review

No abstract provided.


The Lawyer In The Interviewing And Counselling Process, By Andrew S. Watson, Margaret C. Attridge Apr 1978

The Lawyer In The Interviewing And Counselling Process, By Andrew S. Watson, Margaret C. Attridge

Indiana Law Journal

No abstract provided.


Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte Apr 1978

Hardin And Medvid: A Change In Indiana's Entrapment Law, Michael Hyatte

Indiana Law Journal

No abstract provided.


Viii. Evidence Mar 1978

Viii. Evidence

Washington and Lee Law Review

No abstract provided.


Note, "Interactions Between Memory Refreshment Doctrine And Work Product Protection Under The Federal Rules" In Yale Law Journal, Ellen Wertheimer Jan 1978

Note, "Interactions Between Memory Refreshment Doctrine And Work Product Protection Under The Federal Rules" In Yale Law Journal, Ellen Wertheimer

Ellen Wertheimer

No abstract provided.


Chapter 7: Evidence, Kenneth J. Malloy Jan 1978

Chapter 7: Evidence, Kenneth J. Malloy

Annual Survey of Massachusetts Law

No abstract provided.


Inherent Judicial Power: Flexibility Congress Did Not Write Into The Federal Rules Of Evidence , Michael M. Martin Jan 1978

Inherent Judicial Power: Flexibility Congress Did Not Write Into The Federal Rules Of Evidence , Michael M. Martin

Faculty Scholarship

This Article focuses on the question whether, or to what extent, a federal court is bound by the explicit and implicit restrictions placed by Congress on a court's power to admit evidence. This is a question that did not arise prior to adoption of the Federal Rules of Evidence because previous prospective rulemaking in the procedural area was in truth a judicial exercise. Although Congress had an implicit veto power over rules of procedure prescribed by the Supreme Court, it never exercised that power. Thus, a lower court's decision to disregard a rule of procedure raised, as a ...


The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney Jan 1978

The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney

Faculty Publications

Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This ...