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Articles 1 - 14 of 14
Full-Text Articles in Law
Wigmore On Evidence-A Review, John E. Tracy
Wigmore On Evidence-A Review, John E. Tracy
Michigan Law Review
In 1887 John Henry Wigmore graduated from Harvard Law School. Only four years later, in 1891, there came from his pen an article in the Harvard Law Review entitled "Nemo Tenetur Seipsum Prodere," which showed to the profession that there had arrived at the bar a writer who was not only a deep student of legal history and knew his law of evidence, but who had no hesitation in smashing images, regardless of how sacredly they had theretofore been worshiped.
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
Michigan Law Review
The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …
Constitutional Law - Due Process - Use Of Involuntary Confessions In Criminal Cases, Reed T. Phalan
Constitutional Law - Due Process - Use Of Involuntary Confessions In Criminal Cases, Reed T. Phalan
Michigan Law Review
The practice of wringing confessions from the lips of persons accused of crime forms a substantial blot on the history of the medieval administration of criminal law. Never legalized in England, the practice early earned the condemnation of writers and criticism of courts. From a recognition of human rights and a perception of the unreliability of statements extorted by violence, evolved the general rule, now long recognized in England and the United States, that the accused's involuntary confession is inadmissible in evidence against him. Recently this rule of evidence has been implemented by the recognition of the United States Supreme …
Federal Courts - Deposition-Discovery Practice - Rule 26 And Hearsay Evidence, Jamille G. Jamra
Federal Courts - Deposition-Discovery Practice - Rule 26 And Hearsay Evidence, Jamille G. Jamra
Michigan Law Review
In an action for personal injuries suffered in defendant's store, plaintiff moved for an order requiring one Jackson to answer certain questions propounded to him at the taking of his deposition. Jackson, an investigator for defendant's insurer, had ascertained certain facts from witnesses to the accident. The questions, to which Jackson objected on the ground of privilege, sought to elicit the number and names of persons who he learned were present at the accident. Held, the motion should be denied on the ground that the evidence sought was hearsay. Poppino v. Jones Store Co., (D. C. Mo. 1940) …
Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee
Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee
Michigan Law Review
Plaintiff demanded a writ of prohibition against the defendant, a justice of the peace, to prevent his proceeding to determine ownership of trademarked milk bottles seized from plaintiff's milk truck under a search warrant. A statute required the issuance of a search warrant when any person made affidavit that he had reason to believe and did believe that trademarked receptacles were being wrongfully held. Held, writ of prohibition granted since the statute was unconstitutional in requiring the issuance of a search warrant without a showing of facts constituting probable cause, and in allowing the affiant instead of the judicial …
Trial - Directed Verdict Where Testimony Is Conflicting, Edward S. Biggar
Trial - Directed Verdict Where Testimony Is Conflicting, Edward S. Biggar
Michigan Law Review
Defendants engaged the plaintiff to repair a barn roof. In his suit to recover damages for injuries sustained while on the defendants' premises, the plaintiff testified that he had been struck by a truck which one of the defendants had been driving. The defendants testified that they had discovered the plaintiff lying injured at the side of the barn, near a ladder which had been placed against it. Defendants moved for a directed verdict, which was denied, and after a verdict for the plaintiff, defendants appealed from the denial of their motion for judgment notwithstanding the verdict. Held, that …
Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine
Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine
Michigan Law Review
Petitioners were convicted under a federal indictment for frauds on the revenue. The United States Supreme Court reversed the conviction on the ground it was obtained by use of evidence secured in violation of section 605 of the Communications Act of 1934 by wire-tapping. A new trial resulted in conviction and eventually the Supreme Court granted a writ of certiorari to consider the question whether evidence indirectly obtained by that wire-tapping could be admitted despite the first holding. Held, such evidence is inadmissible on the basis that to rule otherwise would largely nullify the doctrine previously laid down. Nardone …
Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review
Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review
Michigan Law Review
The defendant was indicted for receiving and concealing seventy grains of heroin unlawfully imported into the United States. The government proposed to introduce the seized drug in evidence at the trial of the defendant. It appeared that the federal narcotic agent who had made the arrest without a warrant had seen the defendant enter and leave a grocery store. in which narcotic transactions were known to have taken place, He knew the defendant to be an addict, and immediately preceding the arrest, in accordance with a prearranged code, he had been informed by a companion of the defendant, known to …
Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams
Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams
Michigan Law Review
Almost daily, newspapers recount the details of another automobile accident or airplane crash in which numerous persons are killed--a common disaster. And determination of survivorship in common disaster cases presents some of the most vexing problems that lawyers and judges meet. Lawyers must search for evidence, frequently hard to obtain, and then must face difficult questions of relevancy, materiality, and probative value, since in almost all cases where any evidence is available it is wholly circumstantial. Judges must decide preliminary disputes over who shall bear the burden of proof, and then must rule on the sufficiency of evidence, which is …
Evidence - Degrees Of Secondary Evidence - Problems In Application Of The So-Called "American" Rule, William H. Klein
Evidence - Degrees Of Secondary Evidence - Problems In Application Of The So-Called "American" Rule, William H. Klein
Michigan Law Review
Since 1710 the courts of the Anglo-American juridical system have been seeking a solution to the problem of the existence of degrees of secondary evidence. Those courts which have determined that there are degrees have been confronted with the second problem concerning the circumstances under which the secondary evidence rule will actually preclude the admission of the evidence offered. In the majority of decisions the courts have relied on precedent, or on statements of text writers, stripped of their context, and have failed to. seek the solution in terms of the purposes for which rules of evidence have been devised. …
Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon
Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon
Michigan Law Review
The plaintiff sued defendant power company for damages resulting from the destruction of his building by fire. The electricity furnished by defendant, after being reduced by a transformer, passed from its main line through an auxiliary line to a point a few inches from plaintiff's building where it was connected with the wiring system of the building which had been installed, and at the time of the accident was controlled, by plaintiff. Failing to show by direct proof that the transformer was defective and the proximate cause of the loss, plaintiff's claim for negligent destruction of his building was predicated …
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Michigan Law Review
Defendant published in its newspaper the contents of confessions made to a prosecuting attorney by third parties, implicating plaintiff in crimes for which he had been indicted but the commission of which he denied. In an action for damages for libel, held, that the taking of the confession was neither a judicial proceeding nor an official proceeding authorized by law, and therefore its publication was not privileged. Caller Times Publishing Co. v. Chandler, (Tex. 1939) 130 S. W. (2d) 853.
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."
Appeal And Error - Harmless And Prejudicial Error, Michigan Law Review
Appeal And Error - Harmless And Prejudicial Error, Michigan Law Review
Michigan Law Review
In the trial of defendant for embezzlement, the prosecutor's opening address to the jury included a hearsay statement, regarding a tacit admission by defendant, tending to establish his guilt. Subsequently in the trial such hearsay statement was not allowed in evidence and the defendant now claims on appeal from conviction that the opening statement was prejudicial and thus he is entitled to a new trial. Held, that the statute governing reversals by an appellate court for prejudicial errors did not apply; and that a new trial follows as a matter of course because of a deprivation of the constitutional …