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Evidence

2000

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Articles 61 - 66 of 66

Full-Text Articles in Law

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken Jan 2000

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …


Modifying The Kentucky Rules Of Evidence--A Separation Of Powers Issue, Robert G. Lawson Jan 2000

Modifying The Kentucky Rules Of Evidence--A Separation Of Powers Issue, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson Jan 2000

Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson

Law Faculty Scholarly Articles

How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly and supreme …


The Harvest, Louise Harmon Dec 1999

The Harvest, Louise Harmon

Louise Harmon

No abstract provided.


5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon Dec 1999

5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon

Thomas D. Lyon

In Commonwealth v. Corbett, the defendant was charged with sexually assaulting a five-year-old child. As in most cases of sexual abuse, the child was the only witness to the abuse, and the prosecution viewed her testimony as essential. However, before the prosecutor could present the child's testimony to the jury, it was necessary to qualify her for the oath. Most courts require that child witnesses have some understanding of the difference between the truth and lies and the importance of telling the truth, and Massachusetts is no exception. A child who fails the qualifying questions is considered testimonially incompetent, and …


Malexandertalet: Ett Tal - Två Situationer, Matilda Arvidsson Dec 1999

Malexandertalet: Ett Tal - Två Situationer, Matilda Arvidsson

Dr Matilda Arvidsson

In this article the court speech delivered by the "Malexander widow", Anneli Ljungberg, is analysed in terms of Lloyd Bitzers "rhetorical situation" and found to work within two different and simultaneous rhetorical situations. Thus, the article shows how a court speech might break with rhetorical conventions of one rhetorical situation because of the conventions governing the other and simultaneously ongoing rhetorical situation.