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Evidence Commons

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1985

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Institution
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Articles 1 - 30 of 50

Full-Text Articles in Evidence

Modern Evidence And The Expert Witness, Faust Rossi Oct 1985

Modern Evidence And The Expert Witness, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Bibbs V. Block: Standard Of Causation And Burden Of Proof In An Individual Disparate Treatment Action Under Title Vii Sep 1985

Bibbs V. Block: Standard Of Causation And Burden Of Proof In An Individual Disparate Treatment Action Under Title Vii

Washington and Lee Law Review

No abstract provided.


The Admissibility Of Expert Testimony Regarding Rape Trauma Syndrome In Rape Prosecutions, David Mccord Sep 1985

The Admissibility Of Expert Testimony Regarding Rape Trauma Syndrome In Rape Prosecutions, David Mccord

Boston College Law Review

No abstract provided.


I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf Aug 1985

I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf

Michigan Law Review

This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper ...


Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen Jun 1985

Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen

Faculty Scholarship

No abstract provided.


The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp Apr 1985

The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp

University of Michigan Journal of Law Reform

This Note focuses on whether a defendant who was called as a witness at the prior, severed trial of a codefendant and refused to testify by invoking the fifth amendment can subsequently be impeached by this silence at his own trial. In addition to the obvious implications this issue has for severed criminal trials, the factors considered when deciding whether impeachment by silence should be allowed generally are in sharpest focus in this factual setting. Thus, the analysis of the constitutional and evidentiary questions this Note enlists to argue that impeachment by silence in this context is permissible applies as ...


Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen Mar 1985

Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen

BYU Law Review

No abstract provided.


Chapter 5: Evidence, Eileen M. Fields, Kathleen M. Mcleod, Lisa Rayel, Timothy M. Smith Jan 1985

Chapter 5: Evidence, Eileen M. Fields, Kathleen M. Mcleod, Lisa Rayel, Timothy M. Smith

Annual Survey of Massachusetts Law

No abstract provided.


The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus Jan 1985

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Faculty Publications

No abstract provided.


Impeachment With Prior Convictions Under Federal Rule Of Evidence 609(A)(1): A Plea For Balance, Christian A. Bourgeacq Jan 1985

Impeachment With Prior Convictions Under Federal Rule Of Evidence 609(A)(1): A Plea For Balance, Christian A. Bourgeacq

Washington University Law Review

No abstract provided.


The Suppression Sanction In The Federal Electronic Surveillance Statute, Pamela Schmidt Greer Jan 1985

The Suppression Sanction In The Federal Electronic Surveillance Statute, Pamela Schmidt Greer

Washington University Law Review

No abstract provided.


The Mythic Difficulty In Proving A Negative, Kevin W. Saunders Jan 1985

The Mythic Difficulty In Proving A Negative, Kevin W. Saunders

Faculty Publications

No abstract provided.


The Sounds Of Silence: Can Post-Miranda Silence Be Used To Rebut An Insanity Defense, Michael L. Perlin Jan 1985

The Sounds Of Silence: Can Post-Miranda Silence Be Used To Rebut An Insanity Defense, Michael L. Perlin

Other Publications

No abstract provided.


Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick Jan 1985

Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick

Campbell Law Review

The right to redress wrongfully disclosed confidences through a separate breach of confidence tort is the topic of this Note. Not all disclosures are actionable wrongs. This Note will deal mainly with extrajudicial disclosures of customarily confidential information and will touch only superficially on testimonial privileges. This Note also will examine the inadequacies of theories advanced by many courts thus far as remedies for wrongful disclosures and the justification for the development of a separate breach of confidence tort in North Carolina.


A New Standard For The Admissibility Of Hypnotically Refreshed Testimony: State V. Iwakiri, 682 P.2d 571 (Idaho 1984), Robert G. Oesch Jan 1985

A New Standard For The Admissibility Of Hypnotically Refreshed Testimony: State V. Iwakiri, 682 P.2d 571 (Idaho 1984), Robert G. Oesch

Washington University Law Review

No abstract provided.


The Right To Independent Testing: Boon For Defendant--Burden For Prosecution?, Judith K. Jones Jan 1985

The Right To Independent Testing: Boon For Defendant--Burden For Prosecution?, Judith K. Jones

Kentucky Law Journal

No abstract provided.


The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns Jan 1985

The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns

Michigan Journal of International Law

This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.


Casenotes: Evidence — Use Of Prior Bad Acts Not Resulting In Conviction Are Permissible For Impeachment Purposes If Probative Of Veracity And Readily Provable. State V. Cox, 298 Md. 173, 468 A.2d 319 (1983), John Jude Hathway Jan 1985

Casenotes: Evidence — Use Of Prior Bad Acts Not Resulting In Conviction Are Permissible For Impeachment Purposes If Probative Of Veracity And Readily Provable. State V. Cox, 298 Md. 173, 468 A.2d 319 (1983), John Jude Hathway

University of Baltimore Law Review

No abstract provided.


Casenotes: New Trials — Juror Misconduct — Evidence — Where Motion For New Trial Is Based On Jury's Exposure To Extraneous Matter During Deliberations, Movant Must Show Probable Prejudice — Jurors' Affidavits Are Incompetent Evidence. Wernsing V. General Motors Corp., 298 Md. 406, 470 A.2d 802 (1984), Laurell Kalvan Jan 1985

Casenotes: New Trials — Juror Misconduct — Evidence — Where Motion For New Trial Is Based On Jury's Exposure To Extraneous Matter During Deliberations, Movant Must Show Probable Prejudice — Jurors' Affidavits Are Incompetent Evidence. Wernsing V. General Motors Corp., 298 Md. 406, 470 A.2d 802 (1984), Laurell Kalvan

University of Baltimore Law Review

No abstract provided.


Revisiting The Missing Witness Inference - Quieting The Loud Voice From The Empty Chair, Robert H. Stier Jr. Jan 1985

Revisiting The Missing Witness Inference - Quieting The Loud Voice From The Empty Chair, Robert H. Stier Jr.

Maryland Law Review

No abstract provided.


The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi Jan 1985

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Articles

No abstract provided.


Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson Jan 1985

Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson

Articles

No abstract provided.


The Federal Rules Of Evidence In The States: A Ten-Year Perspective, L. Kinvin Wroth Jan 1985

The Federal Rules Of Evidence In The States: A Ten-Year Perspective, L. Kinvin Wroth

Villanova Law Review

No abstract provided.


Review Of Findings Of Fact Based On Documentary Evidence: Is The Proposed Amendment To Rule 52(A) The Correct Solution, Kevin P. Robins Jan 1985

Review Of Findings Of Fact Based On Documentary Evidence: Is The Proposed Amendment To Rule 52(A) The Correct Solution, Kevin P. Robins

Villanova Law Review

No abstract provided.


Editor's Preface, J. Edward Goff Jan 1985

Editor's Preface, J. Edward Goff

Villanova Law Review

No abstract provided.


Symposium Acknowledgements, Various Editors Jan 1985

Symposium Acknowledgements, Various Editors

Villanova Law Review

No abstract provided.


Federal Rules Of Evidence: A Decade Later - Introduction, Leonard Packel Jan 1985

Federal Rules Of Evidence: A Decade Later - Introduction, Leonard Packel

Villanova Law Review

No abstract provided.


The First Decade Under Article Vi Of The Federal Rules Of Evidence: Some Suggested Amendments To Fill Gaps And Cure Confusion, John R. Schmertz Jr. Jan 1985

The First Decade Under Article Vi Of The Federal Rules Of Evidence: Some Suggested Amendments To Fill Gaps And Cure Confusion, John R. Schmertz Jr.

Villanova Law Review

No abstract provided.


The Need To Amend Federal Rule Of Evidence 404(B): The Threat To The Future Of The Federal Rules Of Evidence, Edward J. Imwinkelried Jan 1985

The Need To Amend Federal Rule Of Evidence 404(B): The Threat To The Future Of The Federal Rules Of Evidence, Edward J. Imwinkelried

Villanova Law Review

No abstract provided.


Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr. Jan 1985

Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.

Villanova Law Review

No abstract provided.