Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
The Meaning Of Probative Value And Prejudice In Federal Rule Of Evidence 403: Can Rule 403 Be Used To Resurrect The Common Law Of Evidence?, Edward J. Imwinkelried
The Meaning Of Probative Value And Prejudice In Federal Rule Of Evidence 403: Can Rule 403 Be Used To Resurrect The Common Law Of Evidence?, Edward J. Imwinkelried
Vanderbilt Law Review
In the common law system of evidence, logically relevant evidence is presumptively admissible. The logical relevance of an item of evidence, however, does not guarantee its admission. The common law has developed a number of rules that exclude logically relevant evidence. In some cases, the common law excludes evidence because of doubts about the credibility or reliability of that type of evidence. For example, the best evidence rule rests primarily on skepticism about the trustworthiness of secondary evidence concerning a document's contents.- When the issue is the content of a document, the common law prefers that the document itself be …
Rethinking The Judicial Reception Of Legislative Facts, Ann Woolhandler
Rethinking The Judicial Reception Of Legislative Facts, Ann Woolhandler
Vanderbilt Law Review
In a recent article, Professor Peggy Davis called for reforms in judicial reception of legislative facts. Her suggestions, which follow an empirical analysis of the use of psychological parent theories in child custody disputes, echo similar proposals by Professor Kenneth Karst in 1960s and by Professors Arthur Miller and Jerome Barron in 1975 for judicial reception of legislative facts in constitutional cases.As originally defined by Kenneth Culp Davis, legislative facts are facts that "inform[] a court's legislative judgment on questions of law and policy." They contrast with adjudicative facts, which are facts about "what the parties did, what the circumstances …