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The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson Jan 1968

The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson

Law Faculty Scholarly Articles

Over the years the term “presumption” has been used by virtually all courts to “designate what are more accurately termed inferences or substantive rules of law.” It has also been used as a “loose synonym for presumption of fact, presumption of law, rebuttable presumption, and irrebuttable presumption.” To this list the Kentucky Court of Appeals had added mandatory presumption, presumptive evidence, and prima facie case. Perhaps of more significance than the indiscriminate use of terminology is the extent to which courts have used “presumptions” to describe judicial reasoning of various kinds and to perform chores more appropriate to unrelated procedural …


Conflict Of Laws--A Rationale Of Jurisdiction--Service Of Process, Roy Mitchell Moreland Jan 1968

Conflict Of Laws--A Rationale Of Jurisdiction--Service Of Process, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Domestic Relations--Fraudulent Representation Of Pregnancy As Grounds For Annulment, Andrew M. Winkler Jan 1968

Domestic Relations--Fraudulent Representation Of Pregnancy As Grounds For Annulment, Andrew M. Winkler

Kentucky Law Journal

No abstract provided.


Physicians And Surgeons--Right To Practice In Hospital--Public-Private Hospital Distinction, Benjamin L. Dickinson Jan 1968

Physicians And Surgeons--Right To Practice In Hospital--Public-Private Hospital Distinction, Benjamin L. Dickinson

Kentucky Law Journal

No abstract provided.


Order Of Presentation As A Factor In Jury Persuasion, Robert G. Lawson Jan 1968

Order Of Presentation As A Factor In Jury Persuasion, Robert G. Lawson

Law Faculty Scholarly Articles

The “law of primacy in persuasion” has been formulated as follows: The side of a controversial issue having the advantage of first position in the order of presentation is more effective in changing opinion than the side presented last, all other factors being equal. Recent experimentation has revealed that “primacy” is not “an indubitable factor in persuasion,” but occurs only under certain conditions. In this article, an effort has been made to evaluate the experimentation conducted in this area of communications research, and to determine if the conditions of the courtroom are such that order of presentation could be expected …


Order Of Presentation As A Factor In Jury Persuasion, Robert G. Lawson Jan 1968

Order Of Presentation As A Factor In Jury Persuasion, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Kentucky Planning And Land Use Control Enabling Legislation: An Analysis Of The 1966 Revision Of K. R. S. Chapter 100, A. Dan Tarlock Jan 1968

Kentucky Planning And Land Use Control Enabling Legislation: An Analysis Of The 1966 Revision Of K. R. S. Chapter 100, A. Dan Tarlock

Kentucky Law Journal

No abstract provided.


Kentucky's Jurisdictional Bases--The Need For Change, Charles R. Simons Jan 1968

Kentucky's Jurisdictional Bases--The Need For Change, Charles R. Simons

Kentucky Law Journal

No abstract provided.


Consumer Credit Insurance--A Need For Regulation In Kentucky, J. Alan Lips Jan 1968

Consumer Credit Insurance--A Need For Regulation In Kentucky, J. Alan Lips

Kentucky Law Journal

No abstract provided.


The First Amendment And Protection Of Reputation And Privacy--New York Times Co. V. Sullivan And How It Grew, William O. Bertelsman Jan 1968

The First Amendment And Protection Of Reputation And Privacy--New York Times Co. V. Sullivan And How It Grew, William O. Bertelsman

Kentucky Law Journal

No abstract provided.


The Negro And Fair Employment, Irving Kovarsky Jan 1968

The Negro And Fair Employment, Irving Kovarsky

Kentucky Law Journal

No abstract provided.


Personality Tests For Prospective Jurors, C. David Emerson Jan 1968

Personality Tests For Prospective Jurors, C. David Emerson

Kentucky Law Journal

No abstract provided.


The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson Jan 1968

The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Model Penal Code: Sentencing, Probation And Parole, Roy Mitchell Moreland Jan 1968

Model Penal Code: Sentencing, Probation And Parole, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


A Comment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislationcomment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislation, A. Dan Tarlock Jan 1968

A Comment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislationcomment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislation, A. Dan Tarlock

Kentucky Law Journal

No abstract provided.


Wage Garnishment In Kentucky, Kenneth P. Alexander, Natalie S. Wilson Jan 1968

Wage Garnishment In Kentucky, Kenneth P. Alexander, Natalie S. Wilson

Kentucky Law Journal

No abstract provided.


Collective Bargaining Without Work Stoppages?, Alvin L. Goldman Jan 1968

Collective Bargaining Without Work Stoppages?, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.


Bargaining Orders Without An Election: The National Labor Relations Board's "Final Solution", Robert J. Affeldt Jan 1968

Bargaining Orders Without An Election: The National Labor Relations Board's "Final Solution", Robert J. Affeldt

Kentucky Law Journal

No abstract provided.


Maintaining Welfare Families' Income In Kentucky: A Study Of The Relationship Between Afdc Grants And Support Payments From Absent Parents, Woodford L. Gardner Jr. Jan 1968

Maintaining Welfare Families' Income In Kentucky: A Study Of The Relationship Between Afdc Grants And Support Payments From Absent Parents, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.


Constitutional Law--First Amendment Freedoms--Kentucky Un-American Activities Committee, J. Dan Kemp Jan 1968

Constitutional Law--First Amendment Freedoms--Kentucky Un-American Activities Committee, J. Dan Kemp

Kentucky Law Journal

No abstract provided.


Torts--Negligence--Negligence Per Se As Proximate Cause Of Injury In "Fall-Down" Cases, William S. Cooper Jan 1968

Torts--Negligence--Negligence Per Se As Proximate Cause Of Injury In "Fall-Down" Cases, William S. Cooper

Kentucky Law Journal

No abstract provided.


Workmen's Compensation--"Arising Out Of" Requirement--Operating Premises, Glen S. Bagby Jan 1968

Workmen's Compensation--"Arising Out Of" Requirement--Operating Premises, Glen S. Bagby

Kentucky Law Journal

No abstract provided.


Arrest Procedure--Right To Use Force To Arrest During A Riot, John William Bland Jr. Jan 1968

Arrest Procedure--Right To Use Force To Arrest During A Riot, John William Bland Jr.

Kentucky Law Journal

No abstract provided.