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Articles 61 - 90 of 98
Full-Text Articles in Evidence
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
Cleveland State Law Review
To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …
How To Handle Medico-Legal Semantics, Hugh Miracle
How To Handle Medico-Legal Semantics, Hugh Miracle
Cleveland State Law Review
One of the main objectives of counsel in evidence presentation, both from the plaintiff and the defense side, is to instill in the minds of the jury a sufficiently clear and understandable knowledge of the medical facts of the case. In order to reach such a result, it is helpful to consider the medico-legal work in a trial from the viewpoint of semantics.
Judicial Notice Of Scientific Facts, Jon C. Kleri
Judicial Notice Of Scientific Facts, Jon C. Kleri
Cleveland State Law Review
The practical purpose of judicial notice is to dispense with the necessity of taking proof to establish a well known or accepted fact or proposition. However, courts are not bound to take judicial notice of matters of fact. Their acceptance or rejection is dependent upon the nature and scope of the subject matter as it relates to the issues in any given case in conjunction with the overall justice applicable to the matter. A court will not take judicial notice of a fact where there is doubt or uncertainty regarding its acceptance or notoriety.
Motions In Limine, Tom H. Davis
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 …
Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon
Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon
Cleveland State Law Review
By 1963 claims paid by insurance companies for "whiplash" injuries amounted to more than thirty per cent of the total claims paid. It was natural that the insurance companies began a campaign to discredit "whiplash" claims. The industry has been most successful in convincing many judges and jurors that these injuries often are faked by those claiming them. Since the publication of several articles concerning these neck injuries, the insurance industry has adopted a very cynical approach to all "whiplash" injuries. No other injury in the history of American jurisprudence has been the subject of such unfavorable publicity.
Federal Tax Returns As Evidence In Non-Tax Cases, Laurence Glazer
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.
Conspiracy Of Silence, Richard M. Markus
Conspiracy Of Silence, Richard M. Markus
Cleveland State Law Review
The requirement that independent expert medical testimony establish the proper standard of care and the defendant's failure to meet that standard imposes an almost insurmountable obstacle in many cases. The so-called conspiracy of silence has been recognized, as a matter of judicial notice, by courts in New Jersey, California, and elsewhere. The use of that phrase to describe the unavailability of medical witnesses has particularly dramatic force which impresses a court and jury. However, no apt phrase could detract from the reality of this practical problem which faces an attorney representing a client seeking damages from a physician for professional …
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Is It Error To Discuss Conspiracy Of Silence In A Malpractice Trial, Robert L. Starks
Cleveland State Law Review
There is a need in most malpractice suits to impress the jury with the operation and effect of the conspiracy of silence,and in most jurisdictions, to do so would apparently not, and certainly should not, result in reversible error if done in a reasonable and temperate manner.
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Cleveland State Law Review
We do not question the need for, or the benefits of specialization, but rather point to some of the confusion which results, in legal cases involving the medical specialist. The apparent contradiction that appears in proceedings involving specialists is illustrated by two cases where the patient's heart stopped beating while on the operating table.
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Cleveland State Law Review
Defense counsel usually pounce on "negative" x-rays, i.e., ones which show little or no change from before to after the accident. They triumphantly parade admissions from medical witnesses that "the x-rays in the case are totally negative," before a jury which is enormously impressed through abysmal ignorance of what x-rays can and do show. Thus, the problem facing counsel for the injured party is how most persuasively to acquaint the jury with means of properly evaluating x-rays in view of their significant attributes and their deficiencies. Plaintiff's counsel must somehow explain the purpose of x-rays, augment their limited information, and/or …
American Life Expectancy Tables, And Foreigners, Rita Page
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.
Investigation Of Fatal Gunshot Wounds, Justin C. Smith
Investigation Of Fatal Gunshot Wounds, Justin C. Smith
Cleveland State Law Review
Certain routine steps are taken in investigating fatal injury inflicted by a firearm either as a result of foul play or accident. A fatal gunshot case presents many challenging medicallegal problems which involve cooperation among the forensic pathologist, firearms identification expert, laboratory technician and the police. The belief that an "expert" can view the body and without further corroborating evidence testify in court as to the range at which this person was shot and the calibre of the weapon is one of the most common fallacies. Since the average person interested in law enforcement is generally not trained in medicine …
Finding An Expert Witness In The Sciences, Ralph K. Davies
Finding An Expert Witness In The Sciences, Ralph K. Davies
Cleveland State Law Review
To the uninitiated a classification of diversified sciences upsets the notion that science is one field of knowledge. There are times when even a scientist in one area has difficulty in locating an expert in another area. How then does one find a scientific expert?
Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr
Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr
Cleveland State Law Review
The word "versus" in the title presents what we think is one of the most important problems of plaintiff trial lawyers today. After years of preparation, we submit our case to a jury; our medical witnesses offer testimony based on long time observation, treatment and evaluation. Then, in walks the defendant's doctor and proceeds to plunge a dagger into our case by calling our client either a malingerer or a neurotic, or just a plain liar. He testifies that he saw none of the objective signs that our medical examiners found, and concludes that all of the subjective complaints are …
Semantics Of Traumatic Causation, Richard M. Markus
Semantics Of Traumatic Causation, Richard M. Markus
Cleveland State Law Review
Sometime before the trial of every personal injury case, each lawyer involved must make sure that the physicians whom he will call to testify understand the legal meaning of certain medical words. Counsel have not sufficiently prepared their case from a medical viewpoint, when they have ascertained the trauma sustained and its medical consequences. The lawyer must also educate the doctor about legal technicalities which will control the significance of the doctor's testimony. Among the most important formal requirements on the physician's testimony are those which relate to the language of causation. This article will discuss the views of various …
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.
Autopsy Evidence, Garcon Weiss
Autopsy Evidence, Garcon Weiss
Cleveland State Law Review
Frequently death results in legal problems, either civil or criminal, the solutions of which depend on the cause of death. The autopsy (necropsy), or post-mortem examination, is the scientific method of determining the cause of death. An autopsy is the careful inspection of the external and internal structures of the body. There are two types of autopsy, the medical autopsy and the medico-legal autopsy. This article is limited to the use of the autopsy for medico-legal purposes, i.e., for obtaining and submitting evidence.
Experimental Evidence, Donald L. Guarnieri
Experimental Evidence, Donald L. Guarnieri
Cleveland State Law Review
The purpose of this article is to explain the concepts basic to the admissibility of experimental evidence in civil jury cases. The article will examine the prerequisites to the admissibility of experimental evidence, will give illustrations of various experiments, and will comment on the trend of court decisions since the latter part of the nineteenth century. The article deals primarily with experiments conducted outside of the court room as opposed to experiments conducted in the courtroom in the presence of a jury.
Intoxication And Opinion Evidence, John E. Martindale
Intoxication And Opinion Evidence, John E. Martindale
Cleveland State Law Review
It must be said at the outset that there are many problems in connection with the rules of evidence which an article as short as this one cannot hope to touch upon. Among these is the relevance of intoxication to particular issues. It must be assumed that the evidence sought to be introduced is material and relevant. With this assumption we will consider three areas of intoxication evidence: lay opinion, expert opinion and hospital records. These are the three main areas involving the introduction of an opinion as to intoxicated condition.
Intoxication And Opinion Evidence, John E. Martindale
Intoxication And Opinion Evidence, John E. Martindale
Cleveland State Law Review
It must be said at the outset that there are many problems in connection with the rules of evidence which an article as short as this one cannot hope to touch upon. Among these is the relevance of intoxication to particular issues. It must be assumed that the evidence sought to be introduced is material and relevant. With this assumption we will consider three areas of intoxication evidence: lay opinion, expert opinion and hospital records. These are the three main areas involving the introduction of an opinion as to intoxicated condition.
Scientific Investigation Of Intoxication, Bernard J. Conley
Scientific Investigation Of Intoxication, Bernard J. Conley
Cleveland State Law Review
The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …
Exhibition Of Person In Personal Injury Cases, Dennis M. Burgoon
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.
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Cleveland State Law Review
Some of the most perplexing problems facing the attorney defending a child charged with a delinquency have their inception in misunderstandings, lack of uniformity and loose application of evidential rules. In order to serve the best interests of the children who are before it, and to obtain necessary facts with which to formulate a rehabilitation plan, the courts have a tendency to waive strict adherence to evidence rules. The methodical attorney wonders how the court can serve the best interests of the child and yet seemingly not afford to the child the equal protection of its laws of evidence.
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.
Scientific Investigation Of Intoxication, Bernard J. Conley
Scientific Investigation Of Intoxication, Bernard J. Conley
Cleveland State Law Review
The thirty years in which chemical testing for intoxication has had its inception and development has coincided with the thirty years in which the protection of the rights of the accused has almost obliterated the rights of our society to protect itself from persons bent on mischief. Despite this trend the courts have seen fit to encourage the advancement of the presentation of scientific evidence to enable the courts, both civil and criminal,to arrive at intelligent and just decisions. Scientific evidence,qualified by the ability and integrity of the expert, is the result of intelligent, systematized and skillful experimentation and research …
Judicial Note And Indisputables, Ralph Slovenko
Judicial Note And Indisputables, Ralph Slovenko
Cleveland State Law Review
Under the adversary system of trying cases, the litigant and not the trier is responsible for gathering and presenting the evidence. However, under the doctrine of judicial notice, the tribunal accepts the existence of certain evidence without the necessity of a party offering formal proof.
Illegally Obtained Evidence, Norman B. Miller
Illegally Obtained Evidence, Norman B. Miller
Cleveland State Law Review
In this case the Supreme Court of the United States in a five to three decision revised its earlier thinking on the problem of evidence illegally obtained by State police officers in a State criminal case and held that evidence obtained through an illegal search and seizure is inadmissible in a state criminal trial even though the illegal means was used by other than Federal law enforcement officers. The author's original reaction to the decision was one of regret in that the court had decided this case when the precise issue on which it turned had been neither adequately argued …
Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd
Two Suggested Reforms In Ohio's Discovery Procedure, Frank Seth Hurd
Cleveland State Law Review
Attorney's will agree that an injustice occurs whenever one party prevails in a court of law and another's rights are defeated but for knowledge of the relevant facts. Further, most will agree that some such injustice is inevitable in any judicial system, all such systems being subject to some degree of error. No one can deny the professional responsibility of all attorneys to work actively toward the reduction of such error. As numerous commentators have pointed out, injustice may also result from delay. It is equally the responsibility of the Bar to work toward the alleviation of that source of …
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Cleveland State Law Review
Most persons are aware that Juvenile Court proceedings are informal in character. The accused often appears without counsel, and often admits to participation in the violation. In spite of this, however, the Court must still operate on well laid principles of law. The Court must adhere to rules of evidence applicable to the type of case being heard, and the allegations must be proved. The Court handles various types of cases and therefore much confusion arises over what rules of evidence are applicable in each instance.
Journalist's Testimonial Privilege, Ramutis R. Semeta
Journalist's Testimonial Privilege, Ramutis R. Semeta
Cleveland State Law Review
On numerous occasions, newsmen have pleaded for protection against testimonial compulsion as a necessary safeguard for the preservation of the freedom of the press. Due to this constant assertion, one is compelled to take a brief look at the press, before indulging in the specific study of the journalist's testimonial privilege.