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Full-Text Articles in Law

R. V. O'Brien – Declarations Against Penal Interest As An Exception To The Hearsay Rule, C. Beckton May 1978

R. V. O'Brien – Declarations Against Penal Interest As An Exception To The Hearsay Rule, C. Beckton

Dalhousie Law Journal

The development of the law of Evidence has evolved primarily by judicial decision into a system which cannot be rationally put together in a logical whole. The rules developed in myriads of cases which later judges believed bound them by virtue of the doctrine of stare decisis, and which also demanded that they avoid the absurdities or injustices which the simple application of these rules would produce. In their efforts to avoid this problem, judges have created refinements and exceptions to the earlier rules. In recent times the courts have even occasionally departed from previous decisions with a clear statement …


Voiceprints, D. M. Stotland, G. O. Brown May 1978

Voiceprints, D. M. Stotland, G. O. Brown

Dalhousie Law Journal

The use of the voiceprint technique of speaker indentification was first suggested in 1962 by a Mr. Lawrence Kersta who was at that time a worker at the Bell Research Laboratories in the United States of America. 1 Since that time, the technique has been subject to a great deal of legal and scientific controversy in the United States. The desire of the authors to write this article stems from the fact that very recently the technique has been considered twice by courts in Canada, albeit only at the trial level.2 In both cases expert opinion based on voiceprint analysis …


A Small Claims Court For Nova Scotia - Role Of The Lawyer And The Judge, Christopher S. Axworthy Feb 1978

A Small Claims Court For Nova Scotia - Role Of The Lawyer And The Judge, Christopher S. Axworthy

Dalhousie Law Journal

Nova Scotia is one of only three Canadian provinces without a small claims court.' The rationale behind the establishment of small claims courts throughout North America has been the need to provide access to the avenues of justice for persons with claims that are small in monetary terms and which, because of cost, complications and delay cannot be pursued through the normal court channels. Claims with low dollar values are not necessarily small to the claimants, and it can readily be appreciated that this phenomenon will be more prevalent in lower-income groups. While all small claimants are prejudiced when the …