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Full-Text Articles in Law

Supreme Court, Plain Meaning, And The Changed Rules Of Evidence, Randolph N. Jonakait Jan 1990

Supreme Court, Plain Meaning, And The Changed Rules Of Evidence, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith Jan 1990

The Death Of Discretion: Prior Felony Convictions Automatically Admissible In Civil Actions - Green V. Bock Laundry Machine Co., Kimberly S. Smith

Campbell Law Review

This Note has four objectives. First, the Note examines the facts presented to the Green Court. Second, the Note surveys Rule 609's history and the divergent pre-Green views regarding Rule 609's application in the civil arena. Third, the Note examines Green's analysis and the Supreme Court's conclusion that Rule 609 forecloses any judicial discretion in admitting or excluding prior convictions evidence. And, finally, the Note concludes that North Carolina's Rule 609 should also be interpreted as requiring trial judges to admit prior convictions evidence regardless of unfair prejudice.


Evidence, Fifth Circuit Symposium, David A. Schlueter Jan 1990

Evidence, Fifth Circuit Symposium, David A. Schlueter

Faculty Articles

This article reviews decisions by the United States Court of Appeals for the Fifth Circuit on evidence issues and concludes that if an attorney has any hopes of obtaining appellate relief on an evidentiary issue, it is essential that the issues be presented concisely and completely to the trial court. The appellate courts will not reverse an evidentiary ruling of a trial court, even if the trial court has erred. This deference to the trial court is in recognition of the hundreds of rulings on evidence that the trial court must conduct within the course of a trial. In order …