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Full-Text Articles in Law
Say Sorry And Save: A Practical Argument For A Greater Role For Apologies In Medical Malpractice Law, Matthew Pillsbury
Say Sorry And Save: A Practical Argument For A Greater Role For Apologies In Medical Malpractice Law, Matthew Pillsbury
University of Massachusetts Law Review
This article examines both the potential benefits and detriments of the use of an apology in a legal setting. This article uses the specific environment surrounding a medical malpractice case to help illustrate how and why an apology should or should not be proffered by the Defendant. Ultimately, the reader of this article should have a solid understanding of how an apology can be admissible as evidence in the litigation of a medical malpractice lawsuit.
Architects Of Justice: The Prosecutor’S Role And Resolving Whether Inadmissible Evidence Is Material Under The Brady Rule, Blaise Niosi
Architects Of Justice: The Prosecutor’S Role And Resolving Whether Inadmissible Evidence Is Material Under The Brady Rule, Blaise Niosi
Fordham Law Review
In Brady v. Maryland, the U.S. Supreme Court held that the prosecution has a constitutional duty to disclose evidence favorable to the defendant’s guilt or punishment upon request. The Court’s subsequent expansion of its holding in Brady has formed the “Brady rule,” which requires the prosecution to learn of and to disclose to the defendant all material exculpatory and impeachment information. The Court defined “material” as information that would cause a reasonable probability of a different trial outcome had it been disclosed.
Currently, a circuit court split exists regarding whether evidence is material for purposes of the Brady …
Confronting The Confrontation Clause: Addressing The Unanswered Question Of Whether Autopsy Reports Are Testimonial Evidence - People V. Hall, Bailey Ince
Touro Law Review
No abstract provided.
The Return Of “Voodoo Information”: A Call To Resist A Heightened Authentication Standard For Evidence Derived From Social Networking Websites, Richard Fox
Catholic University Law Review
No abstract provided.
Rule 408: Compromise And Offers To Compromise
Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment
Rule 803(4): Statements For Purposes Of Medical Diagnosis Or Treatment
Touro Law Review
No abstract provided.
Rule 412: Sex Offense Cases; Relevance Of Alleged Victim's Past Sexual Behavior Or Alleged Sexual Disposition
Touro Law Review
No abstract provided.
Expert Testimony, Barry C. Scheck
Trances, Trials, And Tribulations, Gary M. Shaw
Trances, Trials, And Tribulations, Gary M. Shaw
Touro Law Review
No abstract provided.
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Federal Rule Of Evidence 407: Should It Apply To Products Liability?, Patricia A. Brass
Touro Law Review
No abstract provided.
Evidence-Privilege-Use Of Privileged Accident Report To Refresh Officer's Recollection, David D. Dowd, Jr. S.Ed.
Evidence-Privilege-Use Of Privileged Accident Report To Refresh Officer's Recollection, David D. Dowd, Jr. S.Ed.
Michigan Law Review
Plaintiff, a passenger in an automobile, recovered a judgment for injuries received in a collision. Defendants' motion to exclude testimony of the police officer investigating the accident as to admissions of the driver was overruled by the trial court. Defendants contended that the required accident report filed by the defendant driver was privileged by statute, and therefore the testimony of the officer was inadmissible. On appeal, held, reversed on other grounds. It was proper for the officer to testify as to the defendant driver's admissions even if it was necessary for him to refresh his recollection of these admissions …
Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.
Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.
Michigan Law Review
Plaintiff brought a negligence action for injuries sustained when the automobile in which she was a passenger collided with that operated by the defendant. Defendant questioned a police officer, who had filed the accident report, concerning statements made to him by the driver of the vehicle in which the plaintiff was riding. The trial court permitted this testimony over the plaintiff's objection that these statements were privileged under an Iowa statute purporting to make written accident reports confidential and inadmissible in evidence. On appeal after a verdict was returned in favor of the defendant, held, reversed. The statute can …