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Full-Text Articles in Evidence

Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis Dec 1974

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 Nov 1974

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 Oct 1974

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 Oct 1974

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 Oct 1974

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. Oct 1974

Stanton V. Stanton, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Oregon V. Hass, Lewis F. Powell Jr. Oct 1974

Oregon V. Hass, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review Oct 1974

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 Aug 1974

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 Jun 1974

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 Apr 1974

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 Apr 1974

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 Mar 1974

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 Feb 1974

Evidence Code: Privileges, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Evidence Code: Presumptions, Charles W. Ehrhardt Jan 1974

Evidence Code: Presumptions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Evidence Code: Hearsay, Charles W. Ehrhardt Jan 1974

Evidence Code: Hearsay, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Developments In Evidence Of Other Crimes, Nickolas J. Kyser Jan 1974

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 Jan 1974

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 Jan 1974

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 Jan 1974

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 Jan 1974

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 Nov 1973

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 Oct 1973

Evidence Code: Authentication And Identification, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Evidence Code: General Provisons, Charles W. Ehrhardt Oct 1973

Evidence Code: General Provisons, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Corning Glass Works V. Brennan, Lewis F. Powell Jr. Oct 1973

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 Oct 1973

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 Sep 1973

Evidence Code: Witnesses, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt Aug 1973

Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Evidence Code: Judical Notice, Charles W. Ehrhardt Aug 1973

Evidence Code: Judical Notice, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Evidence Code: Relevancy, Charles W. Ehrhardt Aug 1973

Evidence Code: Relevancy, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.