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Evidence Commons

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Articles 1 - 13 of 13

Full-Text Articles in Evidence

The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer Oct 1990

The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer

Faculty Publications

No abstract provided.


The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt Apr 1990

The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young Jan 1990

Should A Motion In Limine Or Similar Preliminary Motion Made In The Federal Court System Preserve Error On Appeal Without A Contemporaneous Objection?, Catherine Murr Young

Kentucky Law Journal

No abstract provided.


What Was Discovered In The Quest For Truth?, Steven H. Goldberg Jan 1990

What Was Discovered In The Quest For Truth?, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

Criminal discovery has outstripped Justice Brennan's claim of "mixed" results. His description of the twenty-five year transformation as merely "rapid" is too modest. From the picture in 1963, which he accurately describes as "quite a bleak one," discovery is, today, de rigueur in criminal cases. There is little to suggest a general reduction of criminal case discovery in the future.


The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty Jan 1990

The Existing Confidentiality Privileges As Applied To Rape Victims, Bridget M. Mccafferty

Journal of Law and Health

It is evident that when this type of questioning occurs, the victim must overcome the presumption that she is at fault. As it exists, the prosecution of the rapist also results in the prosecution of the victim. However, it is undeniable that the defendant in a rape case is presumed innocent until a judicial determination states otherwise. A dilemma arises when the court attempts to balance the victim's right to bring the accused to trial and the defendant's right to prove his innocence. Currently, the judicial system favors the presumption of the defendant's innocence, presupposing that the victim has falsely …


Hearsay: Part Ii, Paul C. Giannelli Jan 1990

Hearsay: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Exclusion Of Evidence In The United States, Paul Marcus Jan 1990

The Exclusion Of Evidence In The United States, Paul Marcus

Faculty Publications

No abstract provided.


Hearsay: Part Iii, Paul C. Giannelli Jan 1990

Hearsay: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Hearsay: Part I, Paul C. Giannelli Jan 1990

Hearsay: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Challenging Witness Competency , Michael M. Martin Jan 1990

Challenging Witness Competency , Michael M. Martin

Faculty Scholarship

Despite the modern trend to hear all the evidence, a surprising number of witnesses can still be challenged on competency grounds.


Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams Jan 1990

Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Hearsay: Part Iv, Paul C. Giannelli Jan 1990

Hearsay: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.


Evidence, Fifth Circuit Symposium, David A. Schlueter Jan 1990

Evidence, Fifth Circuit Symposium, David A. Schlueter

Faculty Articles

This article reviews decisions by the United States Court of Appeals for the Fifth Circuit on evidence issues and concludes that if an attorney has any hopes of obtaining appellate relief on an evidentiary issue, it is essential that the issues be presented concisely and completely to the trial court. The appellate courts will not reverse an evidentiary ruling of a trial court, even if the trial court has erred. This deference to the trial court is in recognition of the hundreds of rulings on evidence that the trial court must conduct within the course of a trial. In order …