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Articles 91 - 98 of 98
Full-Text Articles in Evidence
Sound Recording Devices Used As Evidence, Peter P. Roper
Sound Recording Devices Used As Evidence, Peter P. Roper
Cleveland State Law Review
Recordings have been offered in evidence in a wide variety of cases, including an attempted bribery of a draft board official, treasonous radio broadcasts, conspiracy to obstruct justice in a federal narcotics case, illegal short-wave radio transmissions aiding the illegal entry of Mexican nationals, disturbance to a motel by barking dogs in an adjoining pet hospital, and noises made by trains, planes, and a cement factory. Use by attorneys is virtually limitless, including the recording of discussions with clients, of library research, of depositions, and of wills.
Husband-Wife Privileged Communications Summarized, Donald L. Guarnieri
Husband-Wife Privileged Communications Summarized, Donald L. Guarnieri
Cleveland State Law Review
Courts and legislatures of the United States generally view communications between husband and wife as privileged against court-room disclosure. The protection which the courts, legislatures and text writers' have favored seems to stem from the basic premise "that the privilege against court-room disclosure is needed for the encouragement of marital confidences, which confidences in turn promote harmony between husband and wife." Affection and understanding between husband and wife seem far more important for marital harmony than confidence based on a legal rule of evidence.
Hospital Records As Evidence, Robert B. Dunsmore
Hospital Records As Evidence, Robert B. Dunsmore
Cleveland State Law Review
Court decisions are not in harmony as to the admissibility of hospital charts and records as evidence in a court of law. At common law they are not recognized as valid evidence. In the absence of a statute requiring hospitals to keep clinical charts or records, many courts adopt the view that such a chart or record is admissible as evidence only under some exception to the Hearsay Rule and after a proper foundation has been laid for bringing the case within the particular exception. If such a foundation is laid, a hospital chart or record is, according to the …
Medical Evidence And Testimony, Robert V. Lamppert
Medical Evidence And Testimony, Robert V. Lamppert
Cleveland State Law Review
It is the purpose of this article to explain the various ways in which medicine becomes involved in the law and to point out the problems and difficulties involved. Since this article is written for both medical doctors and attorneys, the detailed explanations and terminology of each profession will necessarily be kept at a basic level. It is hoped that a forthright demonstration of the basic factors involved, along with an attempt to explain the problems complicating the points of controversy and misunderstanding, will help somewhat in creating a better understanding between the two professions and enable them to better …
Physician-Patient Privilege In Ohio, Naoma Lee Stewart
Physician-Patient Privilege In Ohio, Naoma Lee Stewart
Cleveland State Law Review
Throughout its history the physician-patient privilege has been the subject of controversial discussion, and in recent years these discussions have been dominated by voices of bitter disapproval and severe criticism. Judges, lawyers, textwriters, and teachers have denounced the privilege by characterizing it as everything from a "monumental hoax" to a "clever legerdemain loaned by the law to the parties to suppress the truth." Critics maintain that in the majority of reported cases the patient invoked the privilege, not to protect his privacy or to prevent the disclosure of humiliating personal facts (supposedly the purpose for the creation of the privilege), …
Book Review, Lee E. Skeel
Book Review, Lee E. Skeel
Cleveland State Law Review
Reviewing Joy Seth Hurd and Bert H. Long, Ohio Trial Evidence, W.H. Anderson Co., 1957
Forensic Psychiatry And The Witness - A Survey, Jewel Hammond Mack
Forensic Psychiatry And The Witness - A Survey, Jewel Hammond Mack
Cleveland State Law Review
It has been recommended that a course in Forensic Psychiatry be included in the law school curriculum. The gap between law and psychiatry-two fields closely related in many ways, certainly should be narrowed. One of the main "causes of potential justice accidents is the fallibility inherent in testimonial evidence." The effectiveness of a witness' oral testimony depends upon four factors: (1) intelligent observation of the event; (2) clear memory; (3) freedom from any compulsions to color or ignore the truth; and (4) ability to give a vivid description.
Causation: A Medico-Legal Battlefield, Albert Averbach
Causation: A Medico-Legal Battlefield, Albert Averbach
Cleveland State Law Review
In the court room, the trial lawyer strives to introduce medical testimony as to the cause of a condition or disease. Resort in many instances is made, through a hypothetical question to a non-attending physician, as to whether or not the accident described was a competent cause of a later-described or assumed condition, or "might," "could, "would," or "was" competent to have caused it. A great conflict exists in the various states as to the permissible range of inquiry in such cases, depending upon the particular jurisdiction's interpretation of the requirement that medical opinions must be reasonably certain or reasonably …