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Yale Law School

Evidence

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Full-Text Articles in Legal History

Some Observations On The Law Of Evidence -- Memory, Donald Slesinger, Robert M. Hutchins Jan 1928

Some Observations On The Law Of Evidence -- Memory, Donald Slesinger, Robert M. Hutchins

Faculty Scholarship Series

T HE common legal assumptions in regard to memory come
most clearly to the surface in the rules governing present
recollection revived, past recollection recorded, and cross-examination
to impeach. Between the first two, sharp distinctions are
drawn which result partly from the fact that a memorandum used
to refresh recollection generally does not go to the jury as evidence
- whereas a memorandum of past recollection does - and
partly from the psychological theories of the courts.


Faulty Analysis In Easement And License Cases, Wesley N. Hohfeld Jan 1917

Faulty Analysis In Easement And License Cases, Wesley N. Hohfeld

Faculty Scholarship Series

A recent Pennsylvania case, Penman v. Jones,' involving important
coal mining interests, suggests not only some brief observations
on what appears to be a novel decision as to easements,
but also some critical comments on that which is of far greater
significance: the reasoning by which the result was reached.
The unusual chaos of conceptions and inadequacy of reasoning
in easement and license cases have not infrequently been emphasized-
without, however, any suggestion either as to the cause
of the difficulties involved or as to the remedy to be applied.
Thus, a learned New Jersey judge, Vice-Chancellor Van Fleet,
has ...