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Full-Text Articles in Law
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
West Virginia Law Review
No abstract provided.
Evidence- Hearsay-Scope Of Federal Rule 43(A), David K. Kroll S. Ed
Evidence- Hearsay-Scope Of Federal Rule 43(A), David K. Kroll S. Ed
Michigan Law Review
The clocktower of plaintiff county's courthouse buckled and collapsed into the courtroom below. Charred timbers were found in the wreckage. Several residents reported that they saw lightning strike the tower five days before the collapse. Plaintiff carried insurance for loss by fire or lightning, and sued the insurers when they denied liability. Defendant claimed that the tower collapsed of its own weight because of faulty design, deterioration, and overloading. To account for the charred timbers defendant introduced into evidence a fifty-eight-year-old newspaper article from the files of the city newspaper describing a fire in the courthouse during its construction. The …
Contracts -- 1961 Tennessee Survey, Paul J. Hartman
Contracts -- 1961 Tennessee Survey, Paul J. Hartman
Vanderbilt Law Review
I. Offer and Acceptance--Notification of Acceptance Before Notification of Revocation--Duration of Offer with Fixed Expiration Date
II. Implied and Quasi Contract--Claim for Services Where Family Relationship Involved
III. Parol Evidence Rule--Application of Rule to Third Party Not a Party to the Written Instrument--Pre-existing Duty as Consideration
IV. Exculpatory Contracts--Contracting Against Liability for Consequences of Own Negligent Conduct
V. Agreement in Restraint of Trade-Agreement of Seller of Business Not to Compete--Enforcement of Restraint in Area Greater than Required to Protect Purchaser
Bills And Notes -- 1961 Tennessee Survey, John A. Spanogle Jr.
Bills And Notes -- 1961 Tennessee Survey, John A. Spanogle Jr.
Vanderbilt Law Review
The Tennessee courts decided three cases involving commercial paper this year. The Tennessee Supreme Court decided one case which, unless it is clarified in the near future, may upset principles which were heretofore well-established. Of the two cases decided by the appellate courts, one adopted a rule well-known in other jurisdictions, and the other adopted a sound minority view on a question not settled by the Uniform Negotiable Instruments Law.
Evidence, Charles H. Randall Jr.
Laying A Foundation For The Introduction Of Secondary Evidence In West Virginia, Wallace Everett Maloney
Laying A Foundation For The Introduction Of Secondary Evidence In West Virginia, Wallace Everett Maloney
West Virginia Law Review
No abstract provided.
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
Vanderbilt Law Review
To crystallize in a few words the motif of a career as varied and comprehensive as that of Eddie Morgan would in any event be difficult, but it is doubly so for a life devoted, as his has been, to stuff as vital and dynamic as procedure and evidence. For me, his work most fundamentally is to be characterized as a quest for greater rationality in the adjudicative process. Whether one thinks of his analysis of the hearsay rule,' or his rationale of the admissions exception to it, or his treatment of the dead man's statute, or his study of …
The Hearsay System: Around And Through The Thicket, John M. Maguire
The Hearsay System: Around And Through The Thicket, John M. Maguire
Vanderbilt Law Review
All these complicated rules about hearsay are very strange for us, our judges having the right to evaluate the importance of what a witness says or a paper may prove. In this regard, the position of our judges is much freer than yours; in general a German judge can refuse any means of evidence only if he thinks that the fact to be proved is without relevance to the case, or if he accepts the fact to be proved as true, or if the evidence cannot be reached or in his opinion is only designed to delay the procedure. The …
Judicial Notice -- Excerpts Relating To The Morgan-Wignore Controversy, John T. Mcnaughton
Judicial Notice -- Excerpts Relating To The Morgan-Wignore Controversy, John T. Mcnaughton
Vanderbilt Law Review
Author's Note: These two excerpts are from the author's preliminary draft of his proposed revision of the judicial notice chapter of Wigmore on Evidence. The excerpts are submitted for publication in this Edmund M. Morgan issue of the Vanderbilt Law Review for two reasons: First, because of the important role played by Professor Morgan in the recent development and articulation of the law of judicial notice and, second, because Professor Morgan and Dean Wigmore stand at opposite poles in the argument over judicial notice. At least they do with respect to one significant particular. They do not differ with respect …
Rochin And Breithaupt In Context, James R. Richardson
Rochin And Breithaupt In Context, James R. Richardson
Vanderbilt Law Review
Modern scientific methods of fact-finding present evidentiary problems of admissibility which are grounded in reliability of the process, validity of the technique employed and desired policy objectives. In the final analysis, these three facets of the problem are all indivisibly interrelated since, in order to determine acceptable policy, scientific process and application of that process must inevitably be considered in the light of the concept of due process even though due process as such may not be posed affirmatively in any particular decision.' Moreover, it must be recognized that these factors will be present in varying degrees of intensity, dependent …
Edmund M. Morgan, Felix Frankfurter
Edmund M. Morgan, Felix Frankfurter
Vanderbilt Law Review
On a rough estimate, there were some two hundred items of every variety of legal writing: text books, case books, an unpretentious but wise little volume on the Introduction to the Study of Law, the successive stages of the Code of Evidence of the American Law Institute, essays scattered in dozens of law reviews, as well as those contained between book covers, like his Carpentier Lectures, book reviews, surveys of developments in the law both in the Nation and latterly in Tennessee. He has not been a one-subject scholar. But in one field, Evidence,he has become the contemporary master. History …
Edmund M. Morgan, Austin W. Scott, John W. Wade
Edmund M. Morgan, Austin W. Scott, John W. Wade
Vanderbilt Law Review
Everyone who knows him well speaks of him as Eddie Morgan--or simply as Eddie. This includes his colleagues, whether they are at the same school or another one; his students, though this is privately, of course, when they are talking about him among themselves; and his former students. Especially his former students. No matter whether they have been out of school for many years or just a few years, they ask about him in the same way. The face and the voice disclose an admiration for him and a touch of awe, and yet at the same time a different …
Abstracts Of Recent Cases, Nick George Zegrea
Abstracts Of Recent Cases, Nick George Zegrea
West Virginia Law Review
No abstract provided.
Evidence--Burden Of Proof--Presumption Of Innocence, Esdel Beane Yost
Evidence--Burden Of Proof--Presumption Of Innocence, Esdel Beane Yost
West Virginia Law Review
No abstract provided.
Criminal Law, Lowell W. Ross
Evidence, Charles H. Randall Jr.
Proof Of The Corpus Delicti By Circumstantial Evidence Where The Body Is Never Found, John George Van Meter
Proof Of The Corpus Delicti By Circumstantial Evidence Where The Body Is Never Found, John George Van Meter
West Virginia Law Review
No abstract provided.
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Cleveland State Law Review
Most persons are aware that Juvenile Court proceedings are informal in character. The accused often appears without counsel, and often admits to participation in the violation. In spite of this, however, the Court must still operate on well laid principles of law. The Court must adhere to rules of evidence applicable to the type of case being heard, and the allegations must be proved. The Court handles various types of cases and therefore much confusion arises over what rules of evidence are applicable in each instance.
The Effect Of The Dead Man's Statute On The Testimony Of A Party-Witness - Ridgley V. Beatty, Herbert J. Belgrad
The Effect Of The Dead Man's Statute On The Testimony Of A Party-Witness - Ridgley V. Beatty, Herbert J. Belgrad
Maryland Law Review
No abstract provided.