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Articles 1 - 11 of 11
Full-Text Articles in Evidence
The Living Rules Of Evidence, G. Alexander Nunn
The Living Rules Of Evidence, G. Alexander Nunn
Faculty Scholarship
The jurisprudential evolution of evidence law is dead. At least, that’s what we’re expected to believe. Ushered in on the wings of a growing positivist movement, the enactment of the Federal Rules of Evidence purported to quell judicial authority over evidence law. Instead, committees, conferences, and members of Congress would regulate any change to our evidentiary regime, thereby capturing the evolution of evidence law in a single, transparent code.
The codification of evidence law, though, has proven problematic. The arrival of the Federal Rules of Evidence has given rise to a historically anomalous era of relative stagnation in the doctrinal …
Juror Assessment Of Certainty About Firearms Identification Evidence, Sarah L. Cooper, Paraic Scanlon
Juror Assessment Of Certainty About Firearms Identification Evidence, Sarah L. Cooper, Paraic Scanlon
University of Arkansas at Little Rock Law Review
No abstract provided.
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett
John Ehrett
This Essay evaluates the dimensions of courts’ current interpretive dilemma, and subsequently sketches a possible framework for extending traditional statutory interpretation principles into this new domain. Throughout the analysis, the Essay describes the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and proposes a normative way forward for those tasked with deriving meaning from emoji-laden communications.
Catalogs, Gideon Parchomovsky, Alex Stein
Catalogs, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become a …
Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson
Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson
Law Faculty Scholarly Articles
The Kentucky Rules of Evidence, which became effective on July 1, 1992, dramatically transformed the method by which lawyers and judges address evidence issues. Before the adoption of the Rules, the law of evidence consisted mostly of a vast collection of common law rulings, accumulated over two centuries and inaccessible to lawyers and judges for all practical purposes. In addressing an evidence issue, participants had to first deal with the problem of "finding" the law-distilling from a morass of conflicting common law precedents the ones applicable to the issue at hand, a task regularly producing contention rather than agreement and, …
On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley
On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley
Scholarly Works
As a general rule, extrinsic evidence, whether written or oral, is not admissible to prove either the intent of the parties to a contract or the meaning of contractual terms when the parties have executed an unambiguous, fully-integrated (i.e., final and all-inclusive) written agreement. The trial court may consider various types of extrinsic evidence, however, in determining whether a particular agreement is fully integrated or ambiguous, and even in choosing among rival interpretations of an agreement where ambiguity is not present. If the trial court determines that an agreement is not fully integrated, then the trier of fact may consider …
Assessing Evidence, Richard D. Friedman
Assessing Evidence, Richard D. Friedman
Reviews
David A. Schum's Evidential Foundations of Probabilistic Reasoning, 2 C.G.G. Aitken's Statistics and the Evaluation of Evidence for Forensic Scientists,3 and Bernard Robertson and G.A. Vignaux's Interpreting Evidence: Evaluating Forensic Science in the Courtroom4 all have something to tell us about how to use and evaluate evidence. Although the books are addressed to different primary audiences5 and their authors come from a variety of disciplines and from distant points of the English-speaking world,6 all three help draw the connection between underlying theory and presentation in the courtroom. Though Schum uses numerous examples from litigation and discusses the legal literature of …
Rule 701: Opinion Testimony By Lay Witnesses
Rule 803(8)(C): Public Records And Reports
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Touro Law Review
No abstract provided.
X-Ray Pictures As Evidence, Charles C. Scott
X-Ray Pictures As Evidence, Charles C. Scott
Michigan Law Review
The courts often are accused of being too slow in accepting the benefits of new inventions, but certainly they are not subject to this criticism in regard to the use of X-ray photographs as evidence. Within a year of Roentgen's discovery of X-rays in 1895, radiographs were admitted in evidence in the case of Smith v. Grant tried in the First District Court of Colorado. Ever since then courts have shown little hesitation in permitting the introduction of X-ray photographs in evidence. Today the rule is now firmly settled that with certain definite restrictions X-ray pictures are competent evidence of …