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Articles 4021 - 4050 of 5804
Full-Text Articles in Evidence
Unavailability And Admissibility: Are A Child's Out-Of-Court Statements About Sexual Abuse Admissible If The Child Does Not Testify At Trial?, Joellen S. Mccomb
Unavailability And Admissibility: Are A Child's Out-Of-Court Statements About Sexual Abuse Admissible If The Child Does Not Testify At Trial?, Joellen S. Mccomb
Kentucky Law Journal
No abstract provided.
Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts
Judicial Notice: An Essay Concerning Human Misunderstanding, E. F. Roberts
Cornell Law Faculty Publications
Articles limning the law pertaining to judicial notice are legion, and the footnotes which have been cite checked by generations of law review editors must number in the thousands. These articles assume that reason, properly employed, produces correct answers. They assume that disagreements can be resolved by reason, because it is self-evident that any problem, once identified, can be solved. Reflected here are the presuppositions of lawyers brought up in the Western legal tradition.
What if one were to doubt that reason necessarily governed the behavior of lawyers? What if one doubted as well that all problems were susceptible to …
Repuation And Character In Defamation Actions, Charles W. Ehrhardt
Repuation And Character In Defamation Actions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Johnson V. Transportation Agency, Santa Clara County, California, Lewis F. Powell Jr.
Johnson V. Transportation Agency, Santa Clara County, California, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
Buffalo Law Review
No abstract provided.
Be Not The First By Whom The New Are Tried, Nor Yet The Last To Lay The Old Aside: Is The Present Sense Impression Exception To The Rule Against Hearsay The Law Of Pennsylvania?, Robert Berkley Harper
Be Not The First By Whom The New Are Tried, Nor Yet The Last To Lay The Old Aside: Is The Present Sense Impression Exception To The Rule Against Hearsay The Law Of Pennsylvania?, Robert Berkley Harper
Scholarship
Pennsylvania has long been a common law jurisdiction as to the rules of evidence, but recently the courts have considered several modern views relating to the rules of evidence. One modern view of evidence considered by the state's supreme court is the present sense impression exception to the rule against hearsay. This exception was considered by the Supreme Court of Pennsylvania in 1974, but the decision left many questions as to the status and meaning of this new exception. The author traces the development of this new exception to the hearsay rule and makes recommendations as to clarifications that the …
Is Proof Of Statistical Significance Relevant?, D.H. Kaye
Is Proof Of Statistical Significance Relevant?, D.H. Kaye
Washington Law Review
This article examines the status of significance testing in litigation. Part I describes the case law on the need for the procedure. Part II explains the nature and terminology of hypothesis testing as used in court. Part III enumerates some of the problems that arise in these forensic applications, and Part IV pursues one such problem-that of selecting a "significance level." These sections show that explicit hypothesis testing is poorly suited for courtroom use. Statements as to what results are or are not "statistically significant" should be inadmissible. Part V suggests the use of other statistical tools and terms that …
Tests Of Contractual Integration
The Polygraph Protection Act Of 1985: Bobbing Pinocchio's New Nose?
The Polygraph Protection Act Of 1985: Bobbing Pinocchio's New Nose?
Washington and Lee Law Review
No abstract provided.
18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank
18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank
Michigan Law Review
Part I thus argues that the admissibility of post-sixth-hour confessions is governed by Mallory, under which a voluntary confession is inadmissible if, but only if, it follows a period of unnecessary delay. Part II addresses a possible objection to this conclusion - namely, that, with limited exceptions, subsection 350l(c) renders all post-sixth hour confessions inadmissible without regard to the reasonableness of the prearraignment delay. This interpretation is derived by negative implication from the proviso in subsection 350l(c) and would require courts to suppress confessions even though there has been no unnecessary delay, and even though the confessions would be …
Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner
Interlocutory Appeal Of Preindictment Suppression Motions Under Rule 41 ( E ), Clifford A. Godiner
Michigan Law Review
This Note argues that preindictment rulings denying 41(e) motions are not immediately appealable. Part I discusses decisions that mandate dismissal of such appeals for want of jurisdiction. Part II examines the policy rationales behind these precedents. Finally, Part III argues that an adequate remedy exists outside of rule 41(e), rendering immediate appellate review of rulings on 41(e) motions unnecessary.
The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus
The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus
Michigan Law Review
Waiver can be made less tricky, although it will never yield algebraic accuracy. Focusing on civil litigation, this article develops a framework for waiver decisions. It begins by stressing a factor that others have neglected - the costs generated by broad traditional waiver rules. These costs result largely from changes in lawyer behavior to reduce waiver risks. Thus, enormous energy can be expended to guarantee that privileged materials are not inadvertently revealed in discovery, and lawyers may adopt elaborate witness preparation strategies in order to prevent witnesses from seeing privileged materials. Judges also feel the burden; where waiver is at …
The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen
The Cost Of Acceptability: Blue Buses, Agent Orange, And Aversion To Statistical Evidence, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Admission Of Evidence Of Other Misconduct In Washington To Prove Intent Or Absence Of Mistake Or Accident: The Logical Inconsistencies Of Evidence Rule 404(B), Eric D. Lansverk
Admission Of Evidence Of Other Misconduct In Washington To Prove Intent Or Absence Of Mistake Or Accident: The Logical Inconsistencies Of Evidence Rule 404(B), Eric D. Lansverk
Washington Law Review
In Washington, the introduction of evidence of other misconduct to show intent or absence of mistake or accident has proven particularly troublesome. Washington courts have made no attempt to delineate the differences between proof of intent and proof of absence of mistake or accident. Nor have they satisfactorily distinguished either of the proofs from a mere showing of propensity to commit crime. By failing to make these distinctions, the courts undermine the letter and spirit of ER 404(b). The lack of clear standards to guide application of the intent and absence of mistake or accident aspects of ER 404(b) leaves …
Chao V. State, 478 So. 2d (Fla. 1985), George C. Matlock
Chao V. State, 478 So. 2d (Fla. 1985), George C. Matlock
Florida State University Law Review
Criminal Law/Evidence-ADMISSIBILITY OF THIRD-PARTY TESTIMONY ON OUT-OF-COURT STATEMENTS MADE TO A WITNESS THROUGH AN INTERPRETER
On The Exclusivity Of The Hague Evidence Convention, John M. Rogers
On The Exclusivity Of The Hague Evidence Convention, John M. Rogers
Law Faculty Scholarly Articles
As the world grows smaller and nations become more interdependent, the likelihood that litigation will involve foreign property, parties, or activities increases tremendously. To prepare and conduct such litigation, the lawyer may need to obtain information "located" in a foreign jurisdiction: a person located abroad may know the information; documents located abroad may contain the information; or the information may describe conditions or property located abroad. The question of when relatively burdensome, internationally-approved methods of obtaining such information must be used thus becomes more and more important.
Consider a product liability suit for damages in the United States arising from …
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert
Articles
When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers of the common law-Wigmore, Maguire, McCormick, Morgan and their ilk-had come and, if they had not all already gone, their work was largely finished. Not only was most of what passed for evidence scholarship barely worth the reading-the same, after all, could be said of many fields of law at most times-but disregarding student work, few scholars were writing regularly on evidentiary matters.
Application Problems Arising From The Good Faith Exception To The Exclusionary Rule, Robert C. Gleason
Application Problems Arising From The Good Faith Exception To The Exclusionary Rule, Robert C. Gleason
William & Mary Law Review
No abstract provided.
Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel
Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel
University of Arkansas at Little Rock Law Review
No abstract provided.
The Emerging "Victim Factor" In The Supreme Court's Criminal Jurisprudence: Should Victims' Interests Ever Prevent A Court From Overturning A Conviction And Ordering A Retrial?, Roger A. Pauley
Indiana Law Journal
No abstract provided.
Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer
Resolving The Frye Dilemma: A Reliability Approach, Fredric I. Lederer
Faculty Publications
No abstract provided.
Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson
Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson
Scholarly Works
The expanding array of scientific (as well as some not-so-scientific) specialties available as sources for testimony raises hard questions. Will courts require that the witness' opinions be reasonably based upon trustworthy data? How far must judges inquire into the practice of other experts in the same field prior to allowing the trial witness to proffer an expert opinion? How much of the expert's supporting data will be received in evidence? This Essay addresses these and other important questions affecting the scope of modern expert testimony.
Computer Data And Reliability: A Call For Authentication Of Business Records Under The Federal Rules Of Evidence, Rudolph J.R. Peritz
Computer Data And Reliability: A Call For Authentication Of Business Records Under The Federal Rules Of Evidence, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber
Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber
All Faculty Scholarship
No abstract provided.
Is Proof Of Statistical Significance Relevant?, David H. Kaye
Is Proof Of Statistical Significance Relevant?, David H. Kaye
Journal Articles
The classic treatises on evidence note that the court or jury must weigh the evidence, and upon weighing it, determine whether the plaintiff or the defendant prevails. Some courts, however, have indicated that statistical evidence should not be admitted unless it is subjected to a procedure known as 'hypothesis testing.' There are many rather mechanical procedures for performing these tests and a number of judges, attorneys, and law professors have suggested that hypothesis testing provides an objective, scientific means of settling disputed questions on which statistical evidence is brought to bear. Yet, many circumstances arise in which courts or administrators …
Do We Need A Calculus Of Weight To Understand Proof Beyond A Reasonable Doubt?, David H. Kaye
Do We Need A Calculus Of Weight To Understand Proof Beyond A Reasonable Doubt?, David H. Kaye
Journal Articles
The commentary on a paper by L.J. Cohen, prepared for a symposium on probability and inference in the law of evidence, shows that the legal requirement of proof beyond a reasonable doubt can be understood simply as demanding a sufficiently high probability that the prosecution's narrative or story of the facts, which captures all the elements of the offense, is true. No separate measure of the "weight" of the totality of the evidence is required to understand the burden of persuasion. Any incompleteness in the evidence can be accounted for by a conditional probability that includes the presence of any …
Implied Hearsay, Ronald J. Bacigal
Implied Hearsay, Ronald J. Bacigal
Law Faculty Publications
Lawyers sometimes exaggerate the significance of a single sentence or footnote in a court opinion. At other times a single phrase may turn out to be a time bomb which subsequently explodes with far reaching result:i. Court watchers thus spend considerable time trying to discern what is implied within the literal language of a court's opinion. It is no small irony that one of the latest implications in a Virginia Supreme Court decision relates to the implications contained within an out-of-court statement that cannot be literally defined as hearsay. A modification of the hearsay rule, or at least the hearsay …
Extraterritorial Discovery: Cooperation, Coercion And The Hague Evidence Convention, Harold G. Maier
Extraterritorial Discovery: Cooperation, Coercion And The Hague Evidence Convention, Harold G. Maier
Vanderbilt Journal of Transnational Law
This Article reviews the most recent case law on this issue and examines the results of those cases in the light of existing principles of comity and of the newly promulgated Restatement of Foreign Relations Law of the United States (Revised). The analysis focuses on three important appellate court decisions, all of which are or have been before the United States Supreme Court, and examines the contents and origins of the United States Government's position on these issues as found in amicus briefs submitted in these cases. The article concludes with an evaluation of the dilemma evidenced by the need …
Evidence, Leonard Cavise Professor, Scott C. Tomassi
Evidence, Leonard Cavise Professor, Scott C. Tomassi
Loyola University Chicago Law Journal
No abstract provided.