Law Commons^™

Case Notes

Fordham Law Review

No abstract provided.

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 …

Abstracts Of Recent Cases, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.

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

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

Case Notes

Fordham Law Review

No abstract provided.

Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer

Cleveland State Law Review

Many cases deal with the use of Federal tax returns in non-tax cases. The inherent danger in subjecting tax returns to discovery at pre-trial and admission at trial, is the unnecessary disclosure of confidential information. Yet, when income tax returns are material and relevant to the claims of the parties litigant, a contention of privileged communication should not be used to defeat justice.

Recent Developments In Eminent Domain In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Law And Policy: Emphasis On Exclusionary Rules Of Evidence, J. R. Richardson

Kentucky Law Journal

No abstract provided.

Blood Grouping Tests And The New Kentucky Solution, Paul Hieronymus

Kentucky Law Journal

No abstract provided.

Use Of Bad Character And Prior Convictions To Impeach A Defendant-Witness

Fordham Law Review

No abstract provided.

Books Received

Fordham Law Review

No abstract provided.

Conflicting Presumptions: An Evaluation Of The Solution Proposed By Uniform Rule 15, Edward C. Mengel Jr.

Villanova Law Review (1956 - )

No abstract provided.

Evidence - Hearsay Statement In The Nature Of A Declaration Against A Penal Interest Admissible In Evidence Even Though The Unavailability Of The Dedarant Is Not Established. People V. Spriggs (Cal. 1964), Robert E. Madruga

San Diego Law Review

This recent case discusses People v. Spriggs (Cal. 1964)

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture

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Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action

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Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property

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Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process

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Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population

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Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders

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Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection

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Derivative Evidence Under Mcnabb-Mallory

Washington and Lee Law Review

No abstract provided.

Evidence -- 1963 Tennessee Survey, Lyman R. Patterson

Vanderbilt Law Review

The doctrine of judicial notice is that an indisputable proposition of fact or a proposition of law of the jurisdiction is not subject to proof. The doctrine thus serves to relieve the litigant of the burden of proving certain facts and law, and is one of immense theoretical implication for the trial lawyer. A fact which is judicially noticed has much greater probative value than a fact which is proved, no matter how strong the proof. Judicial notice thus offers the trial lawyer an extremely effective, but apparently largely unused, device in litigation. None of the cases involving judicial notice …

The Use Of Coerced Confessions In State Courts, J. A. Spanogle

Vanderbilt Law Review

It is now well settled that involuntary confessions must be excluded from evidence in all criminal trials in state courts. It has been difficult, however, to distinguish a voluntary confession from an involuntary one, because the term "involuntary" is not well defined. This lack of definition, which creates great problems for state trial and appellate courts in attempting to apply the rule to individual cases, has, in turn, stemmed from a lack of understanding of the reasons for excluding involuntary confessions. The United States Supreme Court has handed down thirty-four coerced confession cases, holding confessions admissible in some factual situations …

Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Evidence-Privilege - Use Of Accident Report Of Impeach, Joseph F. Phillips

William & Mary Law Review

No abstract provided.

The Hearsay Rule In Federal Criminal Cases--Part One, Lester B. Orfield

Fordham Law Review

No abstract provided.

American Life Expectancy Tables, And Foreigners, Rita Page

Cleveland State Law Review

It is the court's duty to see that the facts admitted into evidence do not tend to distort, mislead, or confuse the jury regarding the damages to be awarded. This the court cannot do if United States life expectancy tables are accepted as relevant to the life expectancy of a foreign national. Therefore, the United States tables should be deemed inadmissible by the court in such cases. The court should then turn to the relevant foreign table as the only life expectancy table admissible in evidence.

Compensation For Loss Of Earning Capacity, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Criminal Law And Procedure, Webster Myers Jr.

South Carolina Law Review

No abstract provided.

Practice And Procedure, Ronald E. Boston, William C. Boyd Iii, Reginald C. Brown Jr., John W. Chappell

South Carolina Law Review

No abstract provided.

Evidence, James F. Dreher

South Carolina Law Review

No abstract provided.

Admissibility Of Testator's Declarations Of Intention, Robert W. Dibble Jr.

South Carolina Law Review

No abstract provided.

The Hearsay Rule In Federal Criminal Cases - Part Two, Lester B. Orfield

Fordham Law Review

No abstract provided.

Bullets, Bad Florins, And Old Boots: A Report Of The Indiana Trial Judges Seminar On The Judge's Control Over Demonstrative Evidence, Thomas L. Shaffer

Journal Articles

In the spring of 1963, the Indiana Judges Association, which represents about 100 of the 120 trial judges of Indiana, and the Joint Committee for the Effective Administration of Justice sponsored the first "Indiana Trial Judges Seminar" in Indianapolis. The seminar was divided into five subject areas of practical importance to trial judges, with each discussion led by a team of nationally-recognized experts and supplemented by a teacher of law who acted as reporter.

The opportunity to be a reporter on the subject area, "The Judge's Control Over Demonstrative Evidence," proved to be an uncommonly promising occasion for gathering empirical …

Involuntary Confessions And New York Procedure

Washington and Lee Law Review

No abstract provided.