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University of Michigan Law School

1939

Witnesses

Articles 1 - 3 of 3

Full-Text Articles in Law

Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell Dec 1939

Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell

Michigan Law Review

Following the report of the Commonwealth Fund Committee, in which they advocated the adoption of a model act to govern the admission of business entries as evidence, a comparatively small number of states have enacted legislation of this kind, either the model act or an act of similar nature. The extent of this comment is to show: (1) in what states hospital records have been held not to be admissible as business entries, the states where there has been no decision on the subject, and the states where the status of the rule is in doubt; (2) the states where …


Principal And Agent - Extent To Which An Agent May Testify As To The Existence Of The Agency, Arthur A. Greene Jr. Mar 1939

Principal And Agent - Extent To Which An Agent May Testify As To The Existence Of The Agency, Arthur A. Greene Jr.

Michigan Law Review

The legal concept that opinions of lay witnesses are not admissible evidence is of comparatively recent origin, and a matter of historical accident. The theory underlying the exclusion of opinions of laymen is not one of qualification, but of policy. If the witness testifies as to the facts, his opinion or inference is superfluous, as it is the function of the jury to draw the inferences. The testimony of the agent to the existence of the agency relation is limited by this general rule. It is the purpose of this discussion to determine the line of demarcation between opinion and …


Labor Law - "Substantial" Evidence To Support The Fact Findings Of The National Labor Relations Board, Michigan Law Review Feb 1939

Labor Law - "Substantial" Evidence To Support The Fact Findings Of The National Labor Relations Board, Michigan Law Review

Michigan Law Review

Three employees of respondent company, members of a union, were discharged. They had attended an organization meeting of the union two days previous to their discharge. Two hundred of the company's fifteen hundred employees attended, of whom eighteen, including these three, stayed when asked to join. The alleged reasons of the company for the discharge of these men were that one took a fifty-cent lamp at a company banquet a month previously, that another destroyed raw material through faulty adjustment of his machine, and that the third openly expressed resentment because not promoted. As against this, the evidence showed that …