Evidence Commons^™

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Probability Theory Meets Res Ipsa Loquitur, David Kaye

Michigan Law Review

This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle

Faculty Scholarship

It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …

Halloran V. Virginia Chemicals, Inc.: The Admissibility Of Habit Evidence In New York To Prove Negligence, Kathleen Anne Drumm

Buffalo Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Proof Of Theft Of Bailed Goods Does Not Of Itself Rebut Presumption Of Bailee's Negligence., Robert E. Corlew Iii

St. Mary's Law Journal

Abstract Forthcoming.

Medical Data Privacy: Automated Interference With Contractual Relations, John J. Fargo

Buffalo Law Review

No abstract provided.

Evidence Of Post-Accident Failures, Modifications And Design Changes In Products Liability Litigation., Don L. Davis

St. Mary's Law Journal

Abstract Forthcoming.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.

Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf

Cleveland State Law Review

This issue deals with the question of whether a medical expert witness need be a resident of the particular community in order to testify as to local hospital standards in that community. Generally, in cases involving medical malpractice, the courts have held that the expert witness must have practiced in the "same" or "similar" locality as the defendant doctor in order that his testimony be held admissible to establish the standard of medical care against which the defendant is to be held.

Recent Legislation

University of Richmond Law Review

This is a summary of the legislation that came out in 1968.

An Evaluation Of The Rule Of Comparative Damages, Bruce D. Drucker

Buffalo Law Review

No abstract provided.

Insurance Law—Physical Contact Requirement Of Mvaic Law Satisfied Where Hit And Run Vehicle Pushes Another Vehicle Into Claimant, Gary H. Feinberg

Buffalo Law Review

Motor Vehicle Acc. Indemnification Corp. v. Eisenberg, 18 N.Y.2d 1, 218 N.E.2d 524, 271 N.Y.S.2d 641 (1966).

Evidence—Res Ipsa Loquitur In Accidents Involving Skidding And Swerving Vehicles, David C. Horan

Buffalo Law Review

Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132, 216 N.E.2d 324, 269 N.Y.S.2d 115 (1966).

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1967.

The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer

Villanova Law Review (1956 - )

No abstract provided.

Motions In Limine, Tom H. Davis

Cleveland State Law Review

Defendant's attorney in a tort or personal injury case can fumble, stumble and fall and win. A plaintiff's attorney can try his case perfectly and still lose. Since any charge of prejudicial tactics brought against the plaintiff usually will be more harmful than one brought against the defendant, it is the duty of the plaintiff's attorney to keep the case like "Caesar's wife," if he can.One of the best ways to accomplish this is through a motion in limine. For those who are not familiar with this practice, it is a motion, heard in advance of jury selection, which asks …

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1965.

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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Libel - Public Officials - Recovery For Libel Of Public Official Requires Proof Of Actual Malice, Michael A. Macchiaroli

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases

University of Richmond Law Review

This article provides a list of the recent cases and their summaries for the year of 1963.

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Admissibility Of Evidence Of Insurance In Automobile Negligence Actions

Washington and Lee Law Review

No abstract provided.

Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.

Michigan Law Review

Consolidation of two actions arising from a multi-vehicle highway accident resulted in verdicts in both causes against appellants. One action was brought against appellants by the administratrix of a deceased driver under a wrongful death statute, and resulted in a verdict for the administratrix because of a statutory presumption of deceased's due care. The other action was a personal injury suit by a third party against appellants and the administratrix as co-defendants, and resulted in a verdict exonerating the deceased driver, despite circumstances raising an inference of his negligence. Appellants' motions for judgment notwithstanding the verdict and new trial were …

Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon

Cleveland State Law Review

It is to be admitted that the proof of injury, which is directed to the senses, is a most convincing means of proof, and is the best evidence of a material fact, but it is not the fact that such exhibition is material that comes into dispute when such an exhibition is sought to be admitted, rather it is the claimed prejudicial effect of such exhibition, or the possibility that it might be indecent that raises the objection to this form of evidence.

Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr.

Michigan Law Review

Seven months after defendant had installed a washbowl in a bathroom in plaintiff's house, the house was damaged by water when one of the pipes became disconnected from a faucet. During the two weeks immediately prior to the damage the house was unoccupied, but inspections were made every two or three days by plaintiff's employee. Plaintiff sued defendant to recover for the damage caused by defendant's alleged negligence in connecting the water pipe to the washbowl. In a trial to the court, the evidence tended to eliminate other possible causes of the disconnection, such as rough use or manufacturing fault. …