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Full-Text Articles in Law

Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff Oct 1942

Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff

Michigan Law Review

The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to …


Admissions By Failure To Answer Letters Aug 1942

Admissions By Failure To Answer Letters

Indiana Law Journal

Notes and Comments: Evidence


Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr. Aug 1942

Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.

Michigan Law Review

Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …


Another Exception To The Hearsay Rule Jun 1942

Another Exception To The Hearsay Rule

Indiana Law Journal

Notes and Comments: Evidence


Physician's Opinion Based On Unsupported Influences Jun 1942

Physician's Opinion Based On Unsupported Influences

Indiana Law Journal

Notes and Comments: Evidence


Evidence--Admissible For One Purpose, Inadmissible For Another--Limitation Of Effect, H. L. W. Jr. Jun 1942

Evidence--Admissible For One Purpose, Inadmissible For Another--Limitation Of Effect, H. L. W. Jr.

West Virginia Law Review

No abstract provided.


Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review Jun 1942

Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review

Michigan Law Review

Appellant was indicted for conspiracy to violate the Bankruptcy Act. An agent of the Federal Bureau of Investigation was permitted by the custodian of the building to enter appellant's office without his knowledge, and to install a dictaphone connecting with an adjoining room. However, the dictaphone failed to operate, and the only evidence which the agents were able to get was by means of a detectaphone which was in the same room with the agents, and which was not connected with the dictaphone. Held, the detectaphone recordings were admissible in evidence because no trespass was committed in getting the …


Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy May 1942

Evidence - Admissibility Of Hospital Records As Business Entries, Robert C. Lovejoy

Michigan Law Review

As a defense to a suit on an insurance policy, the defendant insurer claimed that the plaintiff was intoxicated at the time of the fatal accident. Defendant offered in evidence a portion of the case record of the hospital to which plaintiff was taken after the accident, the record stating that he was "apparently well under influence of alcohol." Although it was duly authenticated under the federal statute permitting business entries to be used as evidence, this evidence was excluded by the trial court as being an observation rather than a diagnosis. Held, reversed. There was no basis for …


Evidence - Admissibility Of Defendants Refusal To Submit To A Blood Test For Intoxication, David Davidoff Apr 1942

Evidence - Admissibility Of Defendants Refusal To Submit To A Blood Test For Intoxication, David Davidoff

Michigan Law Review

Defendant was convicted of operating a motor vehicle while intoxicated. This appeal was based on the contention that the testimony by a deputy sheriff of defendant's refusal to submit to a blood test to determine whether or not he was intoxicated violated his privilege against self-incrimination and was inadmissible. Held, the evidence was properly admitted. State v. Benson, (Iowa, 1941) 300 N. W. 275.


The Parol Evidence Rule In Virginia, W. H. Moreland Mar 1942

The Parol Evidence Rule In Virginia, W. H. Moreland

Washington and Lee Law Review

No abstract provided.


Effect Of Prima Facie Evidence Provision In The Cold Check Statute, Donald Maloney Jan 1942

Effect Of Prima Facie Evidence Provision In The Cold Check Statute, Donald Maloney

Kentucky Law Journal

No abstract provided.


The Admissibility Of Evidence Of Other Crimes In A Criminal Prosecution, John A. Fulton Jan 1942

The Admissibility Of Evidence Of Other Crimes In A Criminal Prosecution, John A. Fulton

Kentucky Law Journal

No abstract provided.


Evidence--Confession Of A Third Party As Admissible Evidence In A Criminal Case, E. R. Webb Jan 1942

Evidence--Confession Of A Third Party As Admissible Evidence In A Criminal Case, E. R. Webb

Kentucky Law Journal

No abstract provided.


Admissibility Of Third Party Confessions, Harry W. Roberts Jr. Jan 1942

Admissibility Of Third Party Confessions, Harry W. Roberts Jr.

Kentucky Law Journal

No abstract provided.


Lay And Expert Opinion As To Mental Capacity, John H. Clarke Jr. Jan 1942

Lay And Expert Opinion As To Mental Capacity, John H. Clarke Jr.

Kentucky Law Journal

No abstract provided.


Coram Nobis In Kentucky, Grant F. Knuckles Jan 1942

Coram Nobis In Kentucky, Grant F. Knuckles

Kentucky Law Journal

No abstract provided.