Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons™

Open Access. Powered by Scholars. Published by Universities.®

Litigation

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 511 - 540 of 643

Full-Text Articles in Evidence

Expert Witnesses, Paul C. Giannelli Jan 1989

Expert Witnesses, Paul C. Giannelli

Faculty Publications

No abstract provided.


Impeachment Of Witnesses: Part I, Paul C. Giannelli Jan 1989

Impeachment Of Witnesses: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler Oct 1988

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …


Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock Oct 1988

Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock

Seattle University Law Review

This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.


The Applicability Of Evidentiary Privileges For Confidential Communications Before Congress, 21 J. Marshall L. Rev. 309 (1988), Thomas Millet Jan 1988

The Applicability Of Evidentiary Privileges For Confidential Communications Before Congress, 21 J. Marshall L. Rev. 309 (1988), Thomas Millet

UIC Law Review

No abstract provided.


Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke Jan 1988

Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke

UIC Law Review

No abstract provided.


The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli Jan 1988

The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli

Faculty Publications

No abstract provided.


The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann Jan 1988

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


Procedure For Admitting And Excluding Evidence, Paul C. Giannelli Jan 1988

Procedure For Admitting And Excluding Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein Jan 1988

The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The young litigator's nightmare was always the same. He was in medieval Europe, ready to engage in a sword fight with the expert swordsman representing his arch rival. After countless hours of preparation, he felt confident that he would be able to hold his own against the swordsman. But when the swordsman drew his lengthy rapier from its sheath, the young attorney pulled only a short dagger from his scabbard. Realizing that he was doomed to defeat, he tossed his dagger into the air and ran from the scene with the laughter of the onlookers ringing in his ears.

The …


Seminar On Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Robert G. Lawson, William H. Fortune, Thomas L. Osborne, William R. Garmer, Richard H. Underwood, Robert L. Elliott, Peggy E. Purdom, Andre E. Busald, William J. Kathman Aug 1987

Seminar On Evidence And Trial Practice, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Robert G. Lawson, William H. Fortune, Thomas L. Osborne, William R. Garmer, Richard H. Underwood, Robert L. Elliott, Peggy E. Purdom, Andre E. Busald, William J. Kathman

Continuing Legal Education Materials

Outlines of speaker presentations offered during a series of one day seminars on evidence and trial practice offered by UK/CLE in late 1987-early 1988.


A Judicial Perspective On Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study Of Trial Court Judges And A Proposed Amendment, 20 J. Marshall L. Rev. 377 (1987), David S. Day, Charvin Dixon Jan 1987

A Judicial Perspective On Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study Of Trial Court Judges And A Proposed Amendment, 20 J. Marshall L. Rev. 377 (1987), David S. Day, Charvin Dixon

UIC Law Review

No abstract provided.


Eyewitness Identifications And Expert Testimony, Paul C. Giannelli Jan 1987

Eyewitness Identifications And Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.


“Syndrome” Evidence, Paul C. Giannelli Jan 1987

“Syndrome” Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Child Witness: Techniques For Direct Examination, Cross-Examination, And Impeachment, John E.B. Myers Jan 1987

The Child Witness: Techniques For Direct Examination, Cross-Examination, And Impeachment, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel Apr 1986

Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel

University of Arkansas at Little Rock Law Review

No abstract provided.


Bite Mark Evidence, Paul C. Giannelli Jan 1986

Bite Mark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Modern Evidence And The Expert Witness, Faust Rossi Oct 1985

Modern Evidence And The Expert Witness, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen Jun 1985

Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen

Faculty Scholarship

No abstract provided.


Polygraph And Deception Tests: Part Ii, Paul C. Giannelli Jan 1985

Polygraph And Deception Tests: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Expert Testimony, Paul C. Giannelli Jan 1985

Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns Jan 1985

The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns

Michigan Journal of International Law

This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.


Polygraph And Deception Tests, Paul C. Giannelli Jan 1985

Polygraph And Deception Tests, Paul C. Giannelli

Faculty Publications

No abstract provided.


Firearms And Toolmark Evidence, Paul C. Giannelli Jan 1985

Firearms And Toolmark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman Jan 1985

The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman

University of Richmond Law Review

The fundamental goal of our adversarial system of litigation is to arrive at the truth through a fair presentation of the evidence. However, in a criminal proceeding material evidence is frequently not as available to the defense as it is to the prosecuting attorney. Consequently, rules have been developed which not only aid the defense in obtaining relevant information, but also assist the prosecution in fulfilling its ethical and constitutional obligations, chief among which is to see that justice and due process are upheld.


Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman Feb 1984

Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman

Cornell Law Faculty Publications

The Uniform Commercial Code does not offer a systematic approach to the rules governing the evidentiary relationships of parties to commercial litigation. In this article, Professors Allen and Hillman present a general analytical approach to proof rules, highlight the shortcomings of the Code's evidentiary provisions, and discuss the inevitable confusion in the case law construing the Code. They propose an amendment to the Code designed to clarify and improve the Code approach.


“Other Acts” Evidence, Paul C. Giannelli Jan 1984

“Other Acts” Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Admissibility Of Laboratory Reports, Paul C. Giannelli Jan 1984

Admissibility Of Laboratory Reports, Paul C. Giannelli

Faculty Publications

No abstract provided.


Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton Jun 1983

Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

48 pages.


Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger Jun 1983

Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

6 pages.