Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Stella Kenney: A Little Problem In Evidence, Richard H. Underwood
Stella Kenney: A Little Problem In Evidence, Richard H. Underwood
Law Faculty Scholarly Articles
In this article, Professor Richard H. Underwood explores the murder ballad entitled Stella Kenney. Stella Kenney (whose real name was Kinney) was from Carter County, Kentucky.
The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson
The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson
Law Faculty Scholarly Articles
Over the years the term “presumption” has been used by virtually all courts to “designate what are more accurately termed inferences or substantive rules of law.” It has also been used as a “loose synonym for presumption of fact, presumption of law, rebuttable presumption, and irrebuttable presumption.” To this list the Kentucky Court of Appeals had added mandatory presumption, presumptive evidence, and prima facie case. Perhaps of more significance than the indiscriminate use of terminology is the extent to which courts have used “presumptions” to describe judicial reasoning of various kinds and to perform chores more appropriate to unrelated procedural …