Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Judicial Notice Of Scientific Facts, Jon C. Kleri Jan 1966

Judicial Notice Of Scientific Facts, Jon C. Kleri

Cleveland State Law Review

The practical purpose of judicial notice is to dispense with the necessity of taking proof to establish a well known or accepted fact or proposition. However, courts are not bound to take judicial notice of matters of fact. Their acceptance or rejection is dependent upon the nature and scope of the subject matter as it relates to the issues in any given case in conjunction with the overall justice applicable to the matter. A court will not take judicial notice of a fact where there is doubt or uncertainty regarding its acceptance or notoriety.


The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth Jan 1966

The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth

Cleveland State Law Review

To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …


Motions In Limine, Tom H. Davis Jan 1966

Motions In Limine, Tom H. Davis

Cleveland State Law Review

Defendant's attorney in a tort or personal injury case can fumble, stumble and fall and win. A plaintiff's attorney can try his case perfectly and still lose. Since any charge of prejudicial tactics brought against the plaintiff usually will be more harmful than one brought against the defendant, it is the duty of the plaintiff's attorney to keep the case like "Caesar's wife," if he can.One of the best ways to accomplish this is through a motion in limine. For those who are not familiar with this practice, it is a motion, heard in advance of jury selection, which asks …


How To Handle Medico-Legal Semantics, Hugh Miracle Jan 1966

How To Handle Medico-Legal Semantics, Hugh Miracle

Cleveland State Law Review

One of the main objectives of counsel in evidence presentation, both from the plaintiff and the defense side, is to instill in the minds of the jury a sufficiently clear and understandable knowledge of the medical facts of the case. In order to reach such a result, it is helpful to consider the medico-legal work in a trial from the viewpoint of semantics.


Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon Jan 1966

Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon

Cleveland State Law Review

By 1963 claims paid by insurance companies for "whiplash" injuries amounted to more than thirty per cent of the total claims paid. It was natural that the insurance companies began a campaign to discredit "whiplash" claims. The industry has been most successful in convincing many judges and jurors that these injuries often are faked by those claiming them. Since the publication of several articles concerning these neck injuries, the insurance industry has adopted a very cynical approach to all "whiplash" injuries. No other injury in the history of American jurisprudence has been the subject of such unfavorable publicity.