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Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review
Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review
Michigan Law Review
The overwhelming majority of courts considering the issue without the aid of pertinent legislation have held that a record of a prior criminal conviction may not be used against a convicted person in subsequent civil proceedings arising from the same facts as the criminal prosecution but to which the state is not a party. It is admissible neither as evidence of the facts underlying it, nor as the basis of an estoppel preventing the convicted party from relitigating those issues which must have been decided against him in the criminal trial for the judge or jury to have found him …
Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.
Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.
Michigan Law Review
One of the most venerable of all legal principles is the evidentiary rule excluding hearsay. This rule, which was first espoused by the English courts in the sixteenth century, arose when it became apparent that there was an inherent danger of untrustworthiness in a witness's uncorroborated recital of a prior declaration made outside the courtroom. The courts gave several reasons for regarding hearsay as untrustworthy. First, these statements, offered into evidence for the truth of the matter asserted, were not made under oath. Secondly, objection to such testimony was raised because the trier of fact had no opportunity to pass …
Evidence-Hearsay-Admissbility Of Accident Reports Under The Federal Business Records Act, Thomas G. Dignan Jr.
Evidence-Hearsay-Admissbility Of Accident Reports Under The Federal Business Records Act, Thomas G. Dignan Jr.
Michigan Law Review
The United States, as assignee of a civilian seaman's claim, brought an action against the defendant for injuries received when the seaman slipped on a walkway which the defendant had contracted to maintain in good repair. At the trial plaintiff sought to introduce into evidence a report compiled by the seaman's superior, such report being required to accompany the seaman's claim for compensation from the Government. Admission of the report under the Federal Business Records Act was denied, and the Government's case was thereby materially weakened. Judgment was entered on a jury verdict for the defendant. On appeal, held, …
Evidence - Spontaneous Declarations - Statement By Injured Party While On Way To Hospital, James Beatty S.Ed.
Evidence - Spontaneous Declarations - Statement By Injured Party While On Way To Hospital, James Beatty S.Ed.
Michigan Law Review
Plaintiffs were injured in an automobile accident involving a car, driven by the defendant's decedent, and two oncoming trucks, one passing the other on a three lane highway. Twenty-five minutes after the accident a state police officer arrived and took the driver of the passing truck, who was severely burned and in terrific pain, to the hospital. En route and in response to the officer's inquiry, the driver stated that defendant had caused the accident by swerving to the wrong side of the road. The statement was admitted over defendant's objection that it was hearsay, and verdict was rendered for …
Morgan: Basic Problems Of Evidence, Alfred L. Gausewitz
Morgan: Basic Problems Of Evidence, Alfred L. Gausewitz
Michigan Law Review
A Review of Basic Problems of Evidence. By Edmund M. Morgan.
Evidence-Admissibility Of Expressions Of Pain And Suffering, Edgar A. Strause S.Ed
Evidence-Admissibility Of Expressions Of Pain And Suffering, Edgar A. Strause S.Ed
Michigan Law Review
Notwithstanding medical achievements, the human being has not yet been immunized from physical injury and the pain customarily attending such injury. This fact coupled with the ill-controlled fury of modem life has led to an enormous amount of personal injury litigation. Such litigation, with rare exceptions, presents an evidentiary feature of pain and suffering of the victim. Most often the problem arises where pain and suffering are an element of the damages, although it may likewise be involved in showing the nature or the extent of the physical injury.
Wigmore On Evidence-A Review, John E. Tracy
Wigmore On Evidence-A Review, John E. Tracy
Michigan Law Review
In 1887 John Henry Wigmore graduated from Harvard Law School. Only four years later, in 1891, there came from his pen an article in the Harvard Law Review entitled "Nemo Tenetur Seipsum Prodere," which showed to the profession that there had arrived at the bar a writer who was not only a deep student of legal history and knew his law of evidence, but who had no hesitation in smashing images, regardless of how sacredly they had theretofore been worshiped.
Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell
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 …
Evidence-Alienation Of Affections-Wife's Testimony As To Statements Made To Her By Alienated Husband Concerning Defendant
Michigan Law Review
In a suit for alienation of husband's affections, plaintiff testified as to certain statements made by her husband in the absence of the defendant. These statement purported to be repetitions of statements made by the defendant to plaintiff's husband. Defendant objected to the admission of this testimony on the ground that it was hearsay. The court held that the testimony was admissible, not to prove the truth of the facts, words, or conduct embodied in the statements and chargeable to the defendant, but to show the husband's state of mind toward the plaintiff. Richards v. Lorleberg, (App. D. C. …