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Articles 4531 - 4560 of 5773
Full-Text Articles in Evidence
Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis
Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis
St. Mary's Law Journal
Abstract Forthcoming.
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
Scholarly Publications
The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …
The Working Man's Nemesis - The Polygraph, Victor Jerome Boone
The Working Man's Nemesis - The Polygraph, Victor Jerome Boone
North Carolina Central Law Review
No abstract provided.
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
Florida State University Law Review
No abstract provided.
Stanton V. Stanton, Lewis F. Powell Jr.
Stanton V. Stanton, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Oregon V. Hass, Lewis F. Powell Jr.
Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review
Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review
Florida State University Law Review
Administrative Law- JUDICIAL REVIEW- REPORTS OF STATE AGENCIES CONSTITUTE COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT DENIAL OF DREDGE AND FILL PERMIT APPLICATION EVEN THOUGH REPORTING AGENCY HAS NO JURISDICTION OVER PROPOSED PROJECT.
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Washington Law Review
This history is indicative of the conflict between the Court and Congress over the Court's authority to promulgate rules of evidence. Central to this controversy is the question of whether rules of evidence are substantive or procedural. This note is devoted to a discussion of that issue, ultimately arriving at the conclusion that most of the rules which were prescribed by the Court are procedural in nature and, therefore, within the Court's power to prescribe rules of practice and procedure under the enabling acts.
Preliminary Questions Of Fact: A New Theory, Charles V. Laughlin
Preliminary Questions Of Fact: A New Theory, Charles V. Laughlin
Washington and Lee Law Review
No abstract provided.
Judicial Notice: An Exercise In Exorcism, E. F. Roberts
Judicial Notice: An Exercise In Exorcism, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Ordering A New Trial After Sustaining Defendant's Motion To Correct Errors Under Indiana Trial Rule 59 Alleging Insufficient Evidence In A Nonjury Trial, Dennis L. Moeschl
Ordering A New Trial After Sustaining Defendant's Motion To Correct Errors Under Indiana Trial Rule 59 Alleging Insufficient Evidence In A Nonjury Trial, Dennis L. Moeschl
Indiana Law Journal
No abstract provided.
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
Washington and Lee Law Review
No abstract provided.
Evidence Code: Privileges, Charles W. Ehrhardt
Evidence Code: Privileges, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Presumptions, Charles W. Ehrhardt
Evidence Code: Presumptions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Hearsay, Charles W. Ehrhardt
Evidence Code: Hearsay, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Developments In Evidence Of Other Crimes, Nickolas J. Kyser
Developments In Evidence Of Other Crimes, Nickolas J. Kyser
University of Michigan Journal of Law Reform
If the defendant in a criminal trial has a record of other offenses or is suspected of a number of crimes although charged with only one, the admissibility of evidence of these other offenses can be crucial. Admissibility depends in part on the purpose for which the evidence is offered. For instance, the prosecution is severely limited in its use of evidence of character. Until the defendant submits evidence of his good character, the subject cannot be raised and even after character is put in issue particular acts are not allowed to show character. The defendant's prior convictions may be …
The Use Of In Camera Hearings In Ruling On The Informer Privilege, Ronald E. Levine
The Use Of In Camera Hearings In Ruling On The Informer Privilege, Ronald E. Levine
University of Michigan Journal of Law Reform
The thesis of this article is that most of the problems of defining the scope of the privilege in a particular case are due to the paucity of information available to the trial judge who must rule on the issue. Furthermore, many of the formulas presently used are conceptually and functionally inadequate. Both of these problems can be solved by the use of in camera hearings, for such proceedings not only will provide the trial judge with sufficient information to make a fair and rational decision, but will also alleviate the present necessity to rule only on the basis of …
Evidence—New York Press Shield Law Applies Only When Confidential Relationship Exists Between A Newsman And His Source., Robert L. Nisely
Evidence—New York Press Shield Law Applies Only When Confidential Relationship Exists Between A Newsman And His Source., Robert L. Nisely
Buffalo Law Review
WBAI-FM v. Proskin, 42 App. Div. 2d 5, 344 N.Y.S.2d 393 (3d Dep't 1973).
Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein
Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
Although the Federal Rules of Evidence are under consideration by Congress, it is unlikely that many of their major themes will be reversed. The present article examines some of these themes as they appear in the Supreme Court-approved draft. The aim is merely to make more explicit the effects of the Rules and suggest some questions for study.
A Drug Addict's Right To Anonymity, Anthony A. Desabato
A Drug Addict's Right To Anonymity, Anthony A. Desabato
Villanova Law Review
No abstract provided.
Evidence--The Admissibility Of Polygraph Test Results In Paternity Cases, Dale F. Sheppard
Evidence--The Admissibility Of Polygraph Test Results In Paternity Cases, Dale F. Sheppard
West Virginia Law Review
No abstract provided.
Evidence Code: Authentication And Identification, Charles W. Ehrhardt
Evidence Code: Authentication And Identification, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: General Provisons, Charles W. Ehrhardt
Evidence Code: General Provisons, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Corning Glass Works V. Brennan, Lewis F. Powell Jr.
Corning Glass Works V. Brennan, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Scope Of Cross-Examination And The Proposed Federal Rules, Ronald L. Carlson
Scope Of Cross-Examination And The Proposed Federal Rules, Ronald L. Carlson
Scholarly Works
In analyzing the proposed Federal Rules of Evidence, the drafting work of the Advisory Committee should not be overlooked. This is easy to do when any particular rule is isolated and criticized. For the most part, the total rules package prepared by the Advisory Committee represents a commendable effort to provide a needed set of uniform rules for federal trials. The ideas contained in the new rules are almost invariably well researched. When oversights or omissions in treatment do appear, however, it is well to raise these points for discussion. Congress is reviewing the Proposed Federal Rules, and the final …
Evidence Code: Witnesses, Charles W. Ehrhardt
Evidence Code: Witnesses, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt
Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Judical Notice, Charles W. Ehrhardt
Evidence Code: Judical Notice, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Relevancy, Charles W. Ehrhardt
Evidence Code: Relevancy, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.