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Articles 211 - 240 of 251
Full-Text Articles in Common Law
No Link: The Jury And The Origins Of The Confrontation Right And The Hearsay Rule, Richard D. Friedman
No Link: The Jury And The Origins Of The Confrontation Right And The Hearsay Rule, Richard D. Friedman
Book Chapters
The rule against hearsay has long been one of the most distinctive elements of the common law of evidence, and indeed— except for recent changes on the civil side in many jurisdictions— of the common law system of trial. Observers have long believed that the rule, like most of the other exclusionary rules of the common law of evidence, is "the child of the jury system". Though Edmund Morgan argued vigorously to the contrary, the received understanding is that the jury's inability to account satisfactorily for the defects of hearsay explains the rule. A famous, and perhaps seminal, expression of …
Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried
Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried
William & Mary Law Review
No abstract provided.
The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger
The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger
William & Mary Law Review
No abstract provided.
Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger
Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger
William & Mary Law Review
No abstract provided.
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro
Articles
The following article is an edited version of the amicus curiae brief filed with the Supreme Court of the United States in the October Term, 1998, in the case of Benjamin Lee Lilly v. Commonwealth of Virginia (No. 98-5881). "This case raises important questions about the meaning of the confrontation clause, which has been a vital ingredient of the fair trial right for hundreds of years," Professor Richard Friedman and his co-authors say. "In particular, this case presents the Court with an opportunity to reconsider the relationship between the confrontation clause and the law of hearsay." On June 10 the …
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Articles
This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.
The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller
The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller
Publications
No abstract provided.
Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman
Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman
Reviews
Difference, as well as distance, yields perspective. A comparison of legal systems may search for common underlying principles, or for lessons that one system might learn from another. But it may also be aimed primarily at illuminating one system by light shed from another. This is the aim of Evidence Law Adrift, Mirjan Damagka's elegant study of the common law system of evidence, and he is ideally suited for the task. Born and schooled in Continental Europe, he has lived and taught in the United States for twenty-five years. His relation to the common law system of evidence is, I …
Hearsay Evidence: A Comparison Of Two Jurisdictions: United States And Nigeria, Lawrence Okechukwu Azubuike
Hearsay Evidence: A Comparison Of Two Jurisdictions: United States And Nigeria, Lawrence Okechukwu Azubuike
LLM Theses and Essays
Many jurisdictions have detailed rules of evidence which regulate the facts that are admissible in court. The hearsay rule is one such rule which excludes certain evidence. The hearsay rule has roots in an old common law principle and is featured in many jurisdictions today, but has endured heavy criticisms over time. This paper examines the application of the hearsay rule in the United States and in Nigeria. Both are common law countries, however, the United States’ legal system is more advanced than that of Nigeria. This comparison aims to inform and assist current reform efforts in Nigeria.
Evidence: Facing The Hardest Issues, Oregon Law Institute, Paula A. Barran, Laird C. Kirkpatrick, Christopher B. Mueller
Evidence: Facing The Hardest Issues, Oregon Law Institute, Paula A. Barran, Laird C. Kirkpatrick, Christopher B. Mueller
Oregon Law Institute, 1995
Course Materials from the November 17, 1995 Program in Portland
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Foreword Evidence Symposium: A Comparative Study Of Federal And New York Evidence Practice, Honorable Frank X. Altimari
Touro Law Review
No abstract provided.
The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger
Faculty Works
No abstract provided.
Professor Weinrib's Coherence, Alan Brudner
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Federal Rule Of Evidence 803(3) And The Criminal Defendant: The Limits Of The Hillmon Doctrine, Thomas A. Wiseman, Iii
Federal Rule Of Evidence 803(3) And The Criminal Defendant: The Limits Of The Hillmon Doctrine, Thomas A. Wiseman, Iii
Vanderbilt Law Review
This Note has examined the use of the common-law Hillmon doctrine and rule 803(3) in a limited context. Several approaches are available to a court that considers whether to admit a Hillmon statement. A court in a jurisdiction that still applies the common-law hearsay rule may adhere to the status quo. Ample authority exists to permit this approach. Nevertheless, because admission of a Hillmon statement risks certain inherent dangers, a common-law court should avoid a perfunctory application of the exception. Instead, the court must examine carefully each Hillmon statement to ensure that it does not prejudice the defendant's right to …
Prohibiting Nonaccess Testimony By Spouses: Does Lord Mansfield's Rule Protect Illegitimates?, Michigan Law Review
Prohibiting Nonaccess Testimony By Spouses: Does Lord Mansfield's Rule Protect Illegitimates?, Michigan Law Review
Michigan Law Review
Not surprisingly, there has been widespread disagreement concerning the validity of the policies advanced in support of Lord Mansfield's Rule and the efficacy of the rule to promote those policies. This Note assesses the validity of this rule of evidence in order to determine whether it is the most appropriate method of safeguarding the interests affected by the litigation of legitimacy. First, the historical development and justifications for Lord Mansfield's Rule are identified, and, in section II, the extent of the current acceptance of the rule in the United States is delineated. Section III analyzes traditional arguments advanced in support …
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Villanova Law Review (1956 - )
No abstract provided.
Reformation And The Parol Evidence Rule, George E. Palmer
Reformation And The Parol Evidence Rule, George E. Palmer
Michigan Law Review
The parol evidence rule of itself is never an obstacle to reformation, provided there is satisfactory evidence of a mistake in integration. If the parties intend to express the terms of a transaction in a writing, which is then to be looked to as the sole repository of those terms, the longstanding tradition of the law courts, described as the parol evidence rule, has been that the writing is controlling. If through mistake the writing failed to express correctly what the parties meant to express, the law courts still regarded the written word as decisive, but it has been recognized …
Slough, M. C.-Impeachment Of Witnesses: Common Law Principles And Modern Trends, M. C. Slough
Slough, M. C.-Impeachment Of Witnesses: Common Law Principles And Modern Trends, M. C. Slough
Indiana Law Journal
No abstract provided.
Workmen's Compensation - Federal Employers' Liability Act - Basis Of Liability Not Common Law Negligence, Robert L. Knauss S.Ed.
Workmen's Compensation - Federal Employers' Liability Act - Basis Of Liability Not Common Law Negligence, Robert L. Knauss S.Ed.
Michigan Law Review
Petitioner, a laborer in a railroad section gang, was assigned to burn weeds near a railroad track. He was injured when he fell into a culvert as he was trying to escape from smoke and flames which had been fanned by a passing train. A jury in the Circuit Court of St. Louis awarded damages under the Federal Employers' Liability Act (FELA). The Supreme Court of Missouri reversed upon the ground that the evidence was not sufficient to support a finding of the railroad's liability, and the case should not have been allowed to go to a jury. On certiorari …
Justice Story On The Common Law Of Evidence, John C. Hogan
Justice Story On The Common Law Of Evidence, John C. Hogan
Vanderbilt Law Review
In our system of jurisprudence it is the province of the jury to decide all matters of fact. The trial is held and the verdict of the jury is delivered in the presence of a judge who is bound to decide matters of law which arise in the course of the trial. Whenever a thing offered as proof is questioned as not proper to go before the jury as evidence, that question is to be resolved by the judge, and unless he permits it to be introduced as evidence at the trial, it can not legally come to the consideration …
Procedure And Evidence -- 1955 Tennessee Survey, Edmund M. Morgan
Procedure And Evidence -- 1955 Tennessee Survey, Edmund M. Morgan
Vanderbilt Law Review
Demurrer: Demurrers are not favored in Tennessee. The pleading to which a demurrer is interposed is construed most favorably to the pleader. For the purpose of determining the sufficiency of a pleading all properly pleaded allegations are upon demurrer taken to be true; in the usual phrasing, they are said to be admitted. Although Tennessee courts, like all others, declare that a demurrer does not admit a conclusion of law, they sometimes let it come perilously close to doing so. Thus, in an action by a bailee against his bailor for failure to return chattels in the condition in which …
Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.
Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.
Michigan Law Review
Plaintiff brought a negligence action for injuries sustained when the automobile in which she was a passenger collided with that operated by the defendant. Defendant questioned a police officer, who had filed the accident report, concerning statements made to him by the driver of the vehicle in which the plaintiff was riding. The trial court permitted this testimony over the plaintiff's objection that these statements were privileged under an Iowa statute purporting to make written accident reports confidential and inadmissible in evidence. On appeal after a verdict was returned in favor of the defendant, held, reversed. The statute can …
Evidence-Privilege-Extension Of Attorney-Client Privilege To Administrative Practitioners, Richard W. Pogue S.Ed.
Evidence-Privilege-Extension Of Attorney-Client Privilege To Administrative Practitioners, Richard W. Pogue S.Ed.
Michigan Law Review
In an action for rescission for transfer of patent rights, for breach of warranty of title and fraud, a pretrial examination of defendant's agent, as one familiar with facts concerning the transfer, was ordered by the court. Defendant objected to certain questions on the ground that the agent was in the status of attorney to defendant and that the matters in question were confidential communications protected from disclosure by the common law and statutory attorney-client privilege. The agent was a patent agent duly registered and authorized to practice as such before the United States Patent Office, but was not admitted …
Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme
Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme
Publications
No abstract provided.
Evidence-Privilege-Confidential Communications Between Husband And Wife, James I. Huston
Evidence-Privilege-Confidential Communications Between Husband And Wife, James I. Huston
Michigan Law Review
Husband sued for divorce alleging that wife drank excessively and humiliated him in public by her conduct, and that she continually made false and profane accusations designed to make his life unbearable. As proof of the latter charge, plaintiff was allowed to introduce in evidence a wire recording of conversations between plaintiff and defendant in their bedroom. Plaintiff's son by a previous marriage had, by prearrangement with plaintiff, installed in their bedroom a microphone connected to a wire-recorder in the son's adjoining bedroom, with which recordings were made of four separate conversations between plaintiff and defendant. The recordings substantiated plaintiff's …
Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed.
Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed.
Michigan Law Review
In a Texas prosecution for drunken driving, the complaint and information charged that the defendant " . . . on or about the 11th day of April, A.D. 1948 . . . did then and there unlawfully while intoxicated and while under the influence of intoxicating liquor, drive a motor vehicle . . . upon a public highway within said county, to-wit: U.S. Highway #108 about two miles north of the City of Stephenville, Texas .... " Upon conviction, defendant appealed, one ground being that the State had introduced evidence to the effect that he drove his automobile on Highway …
Witnesses-Wife As Witness Against Husband In Prosecution Under Mann Act, James F. Gordy S. Ed.
Witnesses-Wife As Witness Against Husband In Prosecution Under Mann Act, James F. Gordy S. Ed.
Michigan Law Review
Defendant was convicted of having transported his wife in interstate commerce for the purpose of prostitution in violation of the White Slave Traffic Act. Defendant's wife testified to the various transportations which defendant had made of her and to her practicing of prostitution at their different destinations. Defendant contended that the trial court erred in permitting his wife, over his objection, to testify against him. On appeal, held, affirmed. So far as appellant's rights were concerned, the wife's testimony was competent evidence against him. Shores v. United States, (8th Cir. 1949) 174 F. (2d) 838.
Alternative Pleading: Ii, Roy W. Mcdonald
Alternative Pleading: Ii, Roy W. Mcdonald
Michigan Law Review
In any save the most elementary of litigation, the practicing lawyer frequently encounters difficulty in estimating with confidence, in advance of the trial, what precise fact propositions may be established by the evidence. As a result, he desires to preserve for himself the maximum area in which to maneuver as the testimony unfolds. One device for assuring such flexibility is the use of alternative pleading. The present series of articles undertakes to depict the extent to which the pressure of this common professional experience is reflected in our civil practice.