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Articles 1711 - 1738 of 1738
Full-Text Articles in Law
People V. Blodgett [Dissent], Jesse W. Carter
People V. Blodgett [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although a prosecutor had improperly focused the jury on defendant's alleged prior heroin use, defendant's marijuana possession conviction was not reversed when the prosecutorial misconduct did not result in a miscarriage of justice.
The Use Of Parol Evidence In Cases Involving Written Instruments, William Burnett Harvey
The Use Of Parol Evidence In Cases Involving Written Instruments, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Radar In The Courts, Dudley Warner Woodbridge
Radar In The Courts, Dudley Warner Woodbridge
Faculty Publications
No abstract provided.
People V. Carmen [Dissent], Jesse W. Carter
People V. Carmen [Dissent], Jesse W. Carter
Jesse Carter Opinions
Evidence of another crime, part of the same criminal act for which defendant was on trial, was admissible at defendant's trial.
People V. Robinson [Dissent], Jesse W. Carter
People V. Robinson [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where there was prima facie proof of the existence of a conspiracy, testimony concerning a co-conspirator's statements in furtherance of the conspiracy, though made in the absence of defendant, was admissible as an exception to the hearsay rule.
Current Decision, Right To Inspect Memoranda Used To Revive Recollection, Howard Klemme
Current Decision, Right To Inspect Memoranda Used To Revive Recollection, Howard Klemme
Publications
No abstract provided.
Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme
Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme
Publications
No abstract provided.
Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme
Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme
Publications
No abstract provided.
San Francisco V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
San Francisco V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
City and employer was entitled to writ prohibiting order for the inspection of certain documents because the right to inspection could be curtailed where it was outweighed by the public interest in preserving confidential information.
Sex Offenses And Scientific Investigation, Frank Edward Horack Jr.
Sex Offenses And Scientific Investigation, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Effect In Virginia Of Conviction Of Crime On Competency And Credibility Of Witnesses, Dudley Warner Woodbridge
The Effect In Virginia Of Conviction Of Crime On Competency And Credibility Of Witnesses, Dudley Warner Woodbridge
Faculty Publications
No abstract provided.
Book Review. Underhill, H. C., A Treatise On The Law Of Criminal Evidence, Jerome Hall
Book Review. Underhill, H. C., A Treatise On The Law Of Criminal Evidence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Effect Of The Doctrine Of Res Ipsa Loquitur, Fowler V. Harper, Fred E. Heckel
Effect Of The Doctrine Of Res Ipsa Loquitur, Fowler V. Harper, Fred E. Heckel
Articles by Maurer Faculty
No abstract provided.
Documents And Their Scientific Examination, Victor H. Lane
Documents And Their Scientific Examination, Victor H. Lane
Reviews
Professor Lane's short review of a "little work" that touches on "the composition and behavior of inks, pencil pigments, sealing wax, and other writing materials in connection with their use upon documents." Lane feels that "A study such as this is of material importance in presenting expert evidence in civil and criminal cases..."
Privileged Communication Between Attorney And Client-Question Of Whether The Relation Exists Left To Jury-Party Allowed To Assign Error On Ruling Violating The Privilege, Victor H. Lane
Articles
This procedure was justified in the opinion in State v. Snook (Court of Errors and "Appeals of N. J., 1920), 109 Atl. 289. Snook was on trial for manslaughter charged as having been committed by the reckless driving of an automobile. After the act, Mimmick, one of the persons in the automobile, and afterward a witness for the defense, went to an attorney and had some conversation with him, the substance of which, as testified to by the attorney, was a recital by M. of what had occurred and an inquiry by him of the attorney as to what he …
Evidence - Disputable Presumptions; Can They Be Weighed?, Victor H. Lane
Evidence - Disputable Presumptions; Can They Be Weighed?, Victor H. Lane
Articles
The evidential force of presumptions under the California Civil Code, I96I, was considered and the statute construed in Everett v. Stazdard Accident Insurance Co., - Cal. - , 187 Pac. 996. The defense to an action on an insurance policy, by one claiming to be the wife of the insured, was that she did not have that relationship because the marriage ceremony under which she claimed occurred while the insured had another wife then living. The question arose as to the effect upon the determination of this question of fact of the presumption that the deceased did not commit a …
Deeds Delivered Conditionally To The Grantee, Ralph W. Aigler
Deeds Delivered Conditionally To The Grantee, Ralph W. Aigler
Articles
Generally courts have shown a commendable disposition to get away from the formalism, which in the past played such a large part in determination of questions of delivery. While the actual tradition of the instrument to the grantee or to someone on his behalf, on the one hand, or its retention in the hands of the maker, on the other, is still very important evidentially, such facts are not by any means controlling. Thus it is entirely possible for a deed to be delivered though it never has been out of the grantor's hands; likewise a deed may be undelivered …
The Scintilla Rule Of Evidence, Edson R. Sunderland
The Scintilla Rule Of Evidence, Edson R. Sunderland
Articles
In analyzing the reasons why "trial by jury has declined to such an extent that it has come in many cases to be an avowed maxim of professional action,--a good case is for the court; a bad case is for the jury,"-JUDGE DILLON, in his LAWS AND JURISPRUDENCE, pp. 130-2, credits "the false principle known as the scintilla doctrine" with a large degree of responsibility.
Juvenile Courts And Privileged Communications, Evans Holbrook
Juvenile Courts And Privileged Communications, Evans Holbrook
Articles
In the case of Lindsey v. People, (Colo., 1919) 181 Pac. 531, the Supreme Court of Colorado has held that Judge Lindsey of the Juvenile Court of Denver could not refuse to testify as to a communication made to him by a child who was at the time of the communication suspected of crime and against whom proceedings were later taken in the Juvenile Court. The decision was by a vote of four to three, and a vigorous dissenting opinion was written by Justice Bailey and concurred in by Justices Scott and Allen.
Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane
Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane
Articles
Van Sickle v. Doolittle, (Ia., 1918), 169 N. W. 141, was an action for malpractice against a physician of the homeopathic school of medicine. Upon the trial, a physician of the allopathic school was called, and after testifying that he was unskilled in the science of homeopathy, was allowed to testify that the treatment shown to have been given to the patient by defendant, would produce no physiological effect, and that proper treatment required the giving of such medicines as would produce such effect. This was held error upon the ground that the defendant was called to treat the patient …
Contract Of Infant--Evidence, Competency Of Witness Under Survivorship Statute, Victor H. Lane
Contract Of Infant--Evidence, Competency Of Witness Under Survivorship Statute, Victor H. Lane
Articles
Two questions are presented by the case of Sigiaigo v. Signaigo, (Mo. 1918), 205 S. W. Rep. 23: First, the enforcibility of the contract of an infant, fully performed by her, to live with a man and his wife as their adopted child so long as they should live, in consideration that the infant should have all the property of the foster parents upon their death; and Second, the competency of the consenting mother of the infant to testify in support of the infant's claim.
Waiver Of The Statutory Protection To The Confidential Relation Of Physician And Patient, Harry B. Hutchins
Waiver Of The Statutory Protection To The Confidential Relation Of Physician And Patient, Harry B. Hutchins
Articles
Waiver of the Tatutory Protection of the Confidential Relation of Physician and Patient.--The subject of the disclosure by the physician upon the witness stand of confidential communications between himself and his patient has already received attention in this journal: 2 MICHIGAN LAW REVIEW, p.687; 3 MICHIGAN LAW REVIEW, p. 311. The case of Long v. Garey Investment Company, decided by the Iowa Supreme Court December 15, 1906, may be briefly noticed, as it discusses a phase of the subject in regard to which the courts are not in entire harmony, namely, the waiver of the privilege that the statute confers.
The Compensation Of Medical Witnesses, Harry B. Hutchins
The Compensation Of Medical Witnesses, Harry B. Hutchins
Articles
The power to compel testimony is inherent in every court, for without it justice could constantly be thwarted. Generally all persons may be compelled to give evidence that is relevant to the matter in controversy. If, therefore, a person who has been duly summoned as a witness at a particular trial absents himself therefrom, without just cause, or attending, refuses to give evidence or to answer questions when directed so to do by the court, he is liable to punishment for contempt.1 But there are limitations upon the general rule, some based upon principles of legal policy and some upon …
Compelling The Production Of Corporation Books And Papers, Edson R. Sunderland
Compelling The Production Of Corporation Books And Papers, Edson R. Sunderland
Articles
Hale, the plaintiff in the case of Hale v. Henkel, supra, was served with a subpoena duces tecum, commanding him to produce before the grand jury all contracts, memoranda, correspondence, reports, letters, etc., having to do with the business of the MacAndrews & Forbes Company. He pleaded immunity from the operation of the subpoena under the 4th amendment, which prohibits unreasonable searches and seizures. The Court held that an order for the production of books and papers may constitute an unreasonable search and seizure within the 4th amendment.
The Investigation Of Corporate Monopolies, Edson R. Sunderland
The Investigation Of Corporate Monopolies, Edson R. Sunderland
Articles
The Supreme Court of the United States has recently given a clear and brief statement of its views respecting the right of a corporation officer to refuse to testify on the ground that his testimony may subject the corporation to a criminal prosecution. Hale v. Henkel, 26 Sup. Ct. Rep. 370. Hale was summoned before a grand jury in a proceeding under the Sherman anti-trust act, and upon being interrogated respecting certain transactions of the MacAndrews & Forbes Co., of which he was Secretary and Treasurer, refused to answer, on the ground that the Federal immunity law was not broad …
Examination Of The Medical Expert, Harry B. Hutchins
Examination Of The Medical Expert, Harry B. Hutchins
Articles
The expert witness differs essentially from the ordinary witness in at least two particulars; first, in that the field of his testimony is outside the range of ordinary knowledge and experience; and, secondly, in that his testimony in the great majority of cases is in the form of opinions or conclusions that are deemed necessary for the proper guidance of the jury. It goes without saying that the 'lawyer who undertakes the examination of the expert should have such familiarity with the subject of inquiry as will enable him to develop it through the expert logically and clearly, but unfortunately …
The Physician As An Expert, Harry B. Hutchins
The Physician As An Expert, Harry B. Hutchins
Articles
Expert evidence is evidence of a scientific or technical character in regard to a matter that is outside the domain of ordinary experience and knowledge. The evidence is usually in the form of opinions or conclusions based upon facts that for the purposes of an opinion are assumed to be true, although it may be in regard to scientific facts. The expert is one who has had special training or opportunities in a particular subject that the ordinary witness has not enjoyed, and who has thereby acquired certain habits of judgment.that render his explanations and opinions in the field of …
Compensation Of Experts, Henry W. Rogers
Compensation Of Experts, Henry W. Rogers
Articles
The law relating to the compensation of experts is somewhat unsettled, and the cases are not numerous in which the subject has been considered. This very fact, however, lends additional interest to the subject, and the question is one of great importance. In some of the States the law expressly provides that when a witness is summoned to testify as an expert he shall be entitled to extra compensation. Such a provision may be found in the laws of Iowa, of North Carolina, and of Rhode Island.