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Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.
Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.
Michigan Law Review
One of the most venerable of all legal principles is the evidentiary rule excluding hearsay. This rule, which was first espoused by the English courts in the sixteenth century, arose when it became apparent that there was an inherent danger of untrustworthiness in a witness's uncorroborated recital of a prior declaration made outside the courtroom. The courts gave several reasons for regarding hearsay as untrustworthy. First, these statements, offered into evidence for the truth of the matter asserted, were not made under oath. Secondly, objection to such testimony was raised because the trier of fact had no opportunity to pass …
Evidence-Hearsay-Admissbility Of Accident Reports Under The Federal Business Records Act, Thomas G. Dignan Jr.
Evidence-Hearsay-Admissbility Of Accident Reports Under The Federal Business Records Act, Thomas G. Dignan Jr.
Michigan Law Review
The United States, as assignee of a civilian seaman's claim, brought an action against the defendant for injuries received when the seaman slipped on a walkway which the defendant had contracted to maintain in good repair. At the trial plaintiff sought to introduce into evidence a report compiled by the seaman's superior, such report being required to accompany the seaman's claim for compensation from the Government. Admission of the report under the Federal Business Records Act was denied, and the Government's case was thereby materially weakened. Judgment was entered on a jury verdict for the defendant. On appeal, held, …