Evidence Commons^™

An Introduction To The Study Of Presumptions, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--JURISDICTION--RESIDENCE AS A JURISDICTIONAL BASIS FOR DIVORCE

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CORPORATIONS-SECURITIES ACTS--DISTINCTION BETWEEN "CLASS" AND "SERIES" UNDER SECTION 16(b) OF SECURITIES EXCHANGE ACT

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CORPORATIONS-STOCK DIVIDENDS-INCONSISTENCY BETWEEN TRADITIONAL AND MODERN CONCEPTS OF STOCK DIVIDENDS

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CRIMINAL PROCEDURE-EVIDENCE-STATUTORY LIMITATION OF JENCKS DECISION

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EVIDENCE--SEARCHES AND SEIZURES--INADMISSIBILITY IN FEDERAL COURT OF EVIDENCE OBTAINED THROUGH AN UNREASONABLE SEARCH BY STATE OFFICERS

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EVIDENCE--WITNESSES-ABILITY OF ONE SPOUSE TO TESTIFY AGAINST THE OTHER IN FEDERAL CRIMINAL PROCEEDINGS

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HABEAS CORPUS--FEDERAL COURT REMAND OF PETITIONER TO STATE COURT FOR NEW TRIAL

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MUNICIPAL CORPORATIONS--TORT LIABILITY--DUTY TOPROVIDE POLICE PROTECTION TO INFORMERS

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TAXATION--ESTATE TREASURY REGULATIONS ON GOVERNMENT …

Compulsory Attendance Of Nonresident Witnesses, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Evidence--Admission And Confession Distinguished, J. E. J.

West Virginia Law Review

No abstract provided.

Evidence--Adoptive Admissions--Failure To Deny Incriminatory Statement Made In Presence Of Accused, A. G. H.

West Virginia Law Review

No abstract provided.

Evidence--Prohibition Of Spousal Testimony In Criminal Trials--Common Law Rule Upheld, J. J. P.

West Virginia Law Review

No abstract provided.

Evidence--Stipulations And Admissions By Attorney-Client Bound Thereby, J. L. R.

West Virginia Law Review

No abstract provided.

Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.

Michigan Law Review

The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.

Constitutional Law--Due Process--Evidence Of Prior Conviction, J. F. W. Jr.

West Virginia Law Review

No abstract provided.

Conclusive Presumptions In West Virginia, J. L. R.

West Virginia Law Review

Presumptions, as might be expected, have been appearing and disappearing throughout the history of evidence. Much confusion has attended the use of the word, and there has been no less confusion about the kinds of presumptions, be they presumptions of law, presumptions of fact, conclusive presumptions or whatever name courts and writers ascribe to them. The conclusive presumption is an especially troublesome creature, some writers denying its existence while others recognize it but devote very little time to it. It is the purpose here, in a humble way, to look at its use in this state and to determine if …

Evidence - Character Testimony - Impeachment Through Reference To Prior Specific Acts Of Defendant, Lawrence E. Blades S.Ed.

Michigan Law Review

Defendant, on trial for arson, presented a character witness who testified that defendant's reputation in the community was good. During cross-examination the prosecutor asked if the witness had heard that defendant had been arrested for or convicted of various specific crimes in other states. No objection was made by the defense, and the trial judge took no action. The witness answered no to each question, and subsequently a jury verdict of guilty was returned. On appeal, held, reversed and remanded, three judges dissenting. Failure of the trial judge, before allowing such cross-examination, to ascertain on his own motion and …

Attendance Of Out-Of-State Witnesses In Criminal Trials

Washington and Lee Law Review

No abstract provided.

Spontaneous Exclamation Improperly Admitted To Prove Agency

Washington and Lee Law Review

No abstract provided.

Relevancy Of Character Evidence On Damages For Wrongful Death

Washington and Lee Law Review

No abstract provided.

Reliability Of Declarations Against Penal Interest

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Search And Seizure - Admissibility In A Federal Court Of Evidence Illegally Obtained By State Officers, Robert J. Paley

Michigan Law Review

In response to a call from a citizen whose suspicions had been aroused by the actions of the defendant and a companion, Maryland police unlawfully arrested the companion and searched the premises occupied by him and the defendant. & a result of this search, money was found which had been stolen in the District of Columbia. Although the search was illegal under Maryland law and in violation of the Fourteenth Amendment, this money was used as evidence to convict the defendant of housebreaking and larceny in the District of Columbia federal court. On appeal, held, conviction reversed and remanded …

Abstracts Of Recent Cases, L. S. D.

West Virginia Law Review

No abstract provided.

Should The Admissibility Of Dying Declarations In Evidence Be Limited To Homicide Cases, J. C. W. Jr.

West Virginia Law Review

No abstract provided.

Evidence--Hearsay--Declarations Against Penal Interest Not Allowed, G. D. G.

West Virginia Law Review

No abstract provided.

Evidence--Search And Seizure--Admissibility Of Evidence Obtained In Search Incidental To Lawful Arrest, William A. Logan

Kentucky Law Journal

No abstract provided.

Corroboration Of Confessions In A Criminal Case In Virginia, James W. Payne Jr.

University of Richmond Law Review

The purpose of this brief note is to examine the Virginia rules relating to the requirement of corroboration of an extrajudicial, confession as a basis for conviction of a criminal offense. The rules discussed herein do not, of course, apply to a plea of guilty in open court, and it might be noted too that the title selected by the author may be misleading in that, as a general rule, the rules discussed do apply to incriminating admissions of fact (except those occurring before the alleged criminal act) as well as full confessions. "A confession is the admission of guilt …

Admissibility Of Extrajudicial Identification As Substantive Evidence, Martin A. Dyer

Maryland Law Review

No abstract provided.

Medical Evidence And Testimony, Robert V. Lamppert

Cleveland State Law Review

It is the purpose of this article to explain the various ways in which medicine becomes involved in the law and to point out the problems and difficulties involved. Since this article is written for both medical doctors and attorneys, the detailed explanations and terminology of each profession will necessarily be kept at a basic level. It is hoped that a forthright demonstration of the basic factors involved, along with an attempt to explain the problems complicating the points of controversy and misunderstanding, will help somewhat in creating a better understanding between the two professions and enable them to better …

The Use Of Expert Evidence In Res Ipsa Loquitor Cases, Graham L. Fricke

Villanova Law Review

No abstract provided.

An Introduction To The Study Of Presumptions, Ernest F. Roberts

Villanova Law Review

No abstract provided.

Physician-Patient Privilege In Ohio, Naoma Lee Stewart

Cleveland State Law Review

Throughout its history the physician-patient privilege has been the subject of controversial discussion, and in recent years these discussions have been dominated by voices of bitter disapproval and severe criticism. Judges, lawyers, textwriters, and teachers have denounced the privilege by characterizing it as everything from a "monumental hoax" to a "clever legerdemain loaned by the law to the parties to suppress the truth." Critics maintain that in the majority of reported cases the patient invoked the privilege, not to protect his privacy or to prevent the disclosure of humiliating personal facts (supposedly the purpose for the creation of the privilege), …

Hospital Records As Evidence, Robert B. Dunsmore

Cleveland State Law Review

Court decisions are not in harmony as to the admissibility of hospital charts and records as evidence in a court of law. At common law they are not recognized as valid evidence. In the absence of a statute requiring hospitals to keep clinical charts or records, many courts adopt the view that such a chart or record is admissible as evidence only under some exception to the Hearsay Rule and after a proper foundation has been laid for bringing the case within the particular exception. If such a foundation is laid, a hospital chart or record is, according to the …

Husband-Wife Privileged Communications Summarized, Donald L. Guarnieri

Cleveland State Law Review

Courts and legislatures of the United States generally view communications between husband and wife as privileged against court-room disclosure. The protection which the courts, legislatures and text writers' have favored seems to stem from the basic premise "that the privilege against court-room disclosure is needed for the encouragement of marital confidences, which confidences in turn promote harmony between husband and wife." Affection and understanding between husband and wife seem far more important for marital harmony than confidence based on a legal rule of evidence.

Labor Law - Evidence- Production Of Pre-Trial Statements For Purpose Of Cross-Examination In Nlrb Proceeding, Bruce L. Bower

Michigan Law Review

Respondent was accused of unfair labor practices. At the hearing before the trial examiner, respondent requested pre-trial statements of the general counsel's witnesses who testified, for the purpose of impeaching their credibility on cross-examination. The trial examiner's refusal was upheld by the NLRB. Upon motion to reopen the record, held, the record is reopened and further proceedings are to be held before the trial examiner. The holding of Jencks v. United States applies to NLRB proceedings; hence respondent has the right for cross-examination purposes to production of pre-trial statements made by the general counsel's witnesses which directly relate to …