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Articles 5431 - 5460 of 5792
Full-Text Articles in Law
Effect Of Comment On Failure Of Defendant To Testify In Kentucky, Robert M. Spragens
Effect Of Comment On Failure Of Defendant To Testify In Kentucky, Robert M. Spragens
Kentucky Law Journal
No abstract provided.
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Michigan Law Review
The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to …
Admissions By Failure To Answer Letters
Admissions By Failure To Answer Letters
Indiana Law Journal
Notes and Comments: Evidence
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Michigan Law Review
Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …
Another Exception To The Hearsay Rule
Another Exception To The Hearsay Rule
Indiana Law Journal
Notes and Comments: Evidence
Physician's Opinion Based On Unsupported Influences
Physician's Opinion Based On Unsupported Influences
Indiana Law Journal
Notes and Comments: Evidence
Evidence--Admissible For One Purpose, Inadmissible For Another--Limitation Of Effect, H. L. W. Jr.
Evidence--Admissible For One Purpose, Inadmissible For Another--Limitation Of Effect, H. L. W. Jr.
West Virginia Law Review
No abstract provided.
Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review
Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review
Michigan Law Review
Appellant was indicted for conspiracy to violate the Bankruptcy Act. An agent of the Federal Bureau of Investigation was permitted by the custodian of the building to enter appellant's office without his knowledge, and to install a dictaphone connecting with an adjoining room. However, the dictaphone failed to operate, and the only evidence which the agents were able to get was by means of a detectaphone which was in the same room with the agents, and which was not connected with the dictaphone. Held, the detectaphone recordings were admissible in evidence because no trespass was committed in getting the …
Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy
Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy
Michigan Law Review
As a defense to a suit on an insurance policy, the defendant insurer claimed that the plaintiff was intoxicated at the time of the fatal accident. Defendant offered in evidence a portion of the case record of the hospital to which plaintiff was taken after the accident, the record stating that he was "apparently well under influence of alcohol." Although it was duly authenticated under the federal statute permitting business entries to be used as evidence, this evidence was excluded by the trial court as being an observation rather than a diagnosis. Held, reversed. There was no basis for …
Evidence - Admissibility Of Defendants Refusal To Submit To A Blood Test For Intoxication, David Davidoff
Evidence - Admissibility Of Defendants Refusal To Submit To A Blood Test For Intoxication, David Davidoff
Michigan Law Review
Defendant was convicted of operating a motor vehicle while intoxicated. This appeal was based on the contention that the testimony by a deputy sheriff of defendant's refusal to submit to a blood test to determine whether or not he was intoxicated violated his privilege against self-incrimination and was inadmissible. Held, the evidence was properly admitted. State v. Benson, (Iowa, 1941) 300 N. W. 275.
The Parol Evidence Rule In Virginia, W. H. Moreland
The Parol Evidence Rule In Virginia, W. H. Moreland
Washington and Lee Law Review
No abstract provided.
Effect Of Prima Facie Evidence Provision In The Cold Check Statute, Donald Maloney
Effect Of Prima Facie Evidence Provision In The Cold Check Statute, Donald Maloney
Kentucky Law Journal
No abstract provided.
Admissibility Of Third Party Confessions, Harry W. Roberts Jr.
Admissibility Of Third Party Confessions, Harry W. Roberts Jr.
Kentucky Law Journal
No abstract provided.
Lay And Expert Opinion As To Mental Capacity, John H. Clarke Jr.
Lay And Expert Opinion As To Mental Capacity, John H. Clarke Jr.
Kentucky Law Journal
No abstract provided.
Evidence--Confession Of A Third Party As Admissible Evidence In A Criminal Case, E. R. Webb
Evidence--Confession Of A Third Party As Admissible Evidence In A Criminal Case, E. R. Webb
Kentucky Law Journal
No abstract provided.
The Admissibility Of Evidence Of Other Crimes In A Criminal Prosecution, John A. Fulton
The Admissibility Of Evidence Of Other Crimes In A Criminal Prosecution, John A. Fulton
Kentucky Law Journal
No abstract provided.
Coram Nobis In Kentucky, Grant F. Knuckles
Lie Detectors, Extrajudicial Investigations And The Courts, Thomas P. Hardman
Lie Detectors, Extrajudicial Investigations And The Courts, Thomas P. Hardman
West Virginia Law Review
No abstract provided.
The Presumption Of Innocence In Criminal Cases
The Presumption Of Innocence In Criminal Cases
Washington and Lee Law Review
No abstract provided.
Interpretation Of Documents--The Parol Evidence Rule And An Exception For Erroneous Description, Thomas P. Hardman
Interpretation Of Documents--The Parol Evidence Rule And An Exception For Erroneous Description, Thomas P. Hardman
West Virginia Law Review
No abstract provided.
Evidence--"Res Gestae"--Spontaneous Exclamations, J. S. M.
Evidence--"Res Gestae"--Spontaneous Exclamations, J. S. M.
West Virginia Law Review
No abstract provided.
Evidence--Privileged Communications--State Secrets, A. A. A., N. E. S.
Evidence--Privileged Communications--State Secrets, A. A. A., N. E. S.
West Virginia Law Review
No abstract provided.
Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman
Witnesses - Privilege Of Communications Between Physician And Patient Applicable To Nonjudicial Proceedings, Alfred I. Rothman
Michigan Law Review
Pursuant to section 43 of the city charter, the City Council of New York appointed a special committee to investigate charges of negligence and maladministration in the treatment of patients at Lincoln Hospital. Subpoenas duces tecum were served upon the commissioner of hospitals and upon the medical superintendent of Lincoln Hospital requiring the production of hospital records, including case records relating to certain named patients. The commissioner refused to produce any of the case cards or records, justifying his position on the ground that the physician-patient privilege was applicable to legislative investigations. The New York Civil Practice Act, section 354, …
Blood Grouping Tests In Evidence
Evidence Showing Absence Of Motive
Wire-Tapping Evidence Inadmissible Unless Both Parties Consent
Wire-Tapping Evidence Inadmissible Unless Both Parties Consent
Indiana Law Journal
Notes and Comments: Evidence
Severability Of Insurance Contracts
Evidence - Photographs - Admission To Show Physical Condition Of Person, Michigan Law Review
Evidence - Photographs - Admission To Show Physical Condition Of Person, Michigan Law Review
Michigan Law Review
Plaintiff's daughter was killed by the wrongful act of defendant. In a suit to recover for pecuniary injury through loss of financial aid, a photograph of decedent (a pretty girl) was introduced and admitted over objections of defendant that the photograph could serve no purpose relative to the issues, but would excite the sympathy of the jury to the prejudice of the defendant. Held, that no error was committed in admitting the photograph since the decedent's probable contributions for the benefit of her parents depended largely upon "the kind of a girl she was" and the photograph was some …
Federal Courts - Federal Rules Of Civil Procedure - Rule 12(E) - Motion For Bill Of Particulars, Oliver B. Crager
Federal Courts - Federal Rules Of Civil Procedure - Rule 12(E) - Motion For Bill Of Particulars, Oliver B. Crager
Michigan Law Review
The United States brought an action against defendants, movie distributors and producers, for alleged conspiracies and monopolies in violation of the Sherman Anti-Trust Act. Defendants moved for a more definite statement or a bill of particulars under federal rule 12 (e). Held, bill of particulars allowed as to demands seeking ultimate facts, denied as to demands seeking evidentiary matter. United States v. Schine Chain Theatres, (D. C. N. Y. 1940) 1 F. R. D. 205.