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The Types Of Evidence: An Analysis, Lyman R. Patterson
The Types Of Evidence: An Analysis, Lyman R. Patterson
Vanderbilt Law Review
Since the purpose of this article is to analyze evidence in functional terms, it may be helpful at the outset to state the basic ideas which underlie the discussion.
1. Evidence consists of propositions of fact which are related to another proposition, a proposed conclusion. Evidence is thus to be distinguished from the fact or facts which are its basis. 2. The essential relationship of propositions which are evidence to the proposition which is the proposed conclusion is relevancy. 3. The relevancy of evidence to the proposed conclusion is determined by the inference drawn from the evidence. If the evidence …
Evidence: A Functional Meaning, Lyman R. Patterson
Evidence: A Functional Meaning, Lyman R. Patterson
Vanderbilt Law Review
A trial always involves two basic problems-the problem of ascertaining the truth of the matter in issue, and the problem of re-solving a dispute. The former can be characterized as the probative problem, arising from the problem of proving, and the latter as the forensic problem, arising from the procedural problem of proving-in-a-trial. The probative problem is a problem of evidence in that it is the problem of using evidence to ascertain the truth by "the ratiocinative process of continuous persuasion."' The forensic problem is a problem of the admissibility of evidence, and it is the forensic problem which has …
Contracts -- 1964 Tennessee Survey, Paul I. Hartman
Contracts -- 1964 Tennessee Survey, Paul I. Hartman
Vanderbilt Law Review
I. Promissory Estoppel--Application by Federal Court
II. Third Party Beneficiary--Enforcement of Labor and Material Bond
III. Statute of Frauds--Statute as Defense to Third Party
IV. Parol Evidence Rule--Application to Extrensic Subsequent Agreement
V. Illegal Bargains--Agreement Not to Compete
VI. Death of Party to Personal Service Contract as Terminating the Contract