Evidence Commons^™

The Production And Admissibility Of Government Records In Federal Tort Claims Cases, Goodloe E. Byron

Maryland Law Review

No abstract provided.

Use Of Subnormal Mentality To Discredit

Indiana Law Journal

No abstract provided.

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.

Witness Privilege Against Self-Incrimination In The Civil Law, Manfred Pieck

Villanova Law Review (1956 - )

No abstract provided.

Procedure And Evidence--1959 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

This survey of Procedure and Evidence is in most respects merely a horizontal digest of the cases which have been published between June 1, 1958, and June 1, 1959. Only a few decisions are of the character and importance that would call for comment in regular course in a law review like the Vanderbilt Law Review. Many of them are mere illustrations of inexcusable disregard by counsel of our applicable statutes and rules and previous decisions of our appellate courts interpreting them. Whether this sort of treatment of the subject is justifiable is open to serious question. The answer depends …

Ballistics: A Study Of The Expert Witness, Stuart R. Hays

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--JURISDICTION--RESIDENCE AS A JURISDICTIONAL BASIS FOR DIVORCE

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CORPORATIONS-SECURITIES ACTS--DISTINCTION BETWEEN "CLASS" AND "SERIES" UNDER SECTION 16(b) OF SECURITIES EXCHANGE ACT

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CORPORATIONS-STOCK DIVIDENDS-INCONSISTENCY BETWEEN TRADITIONAL AND MODERN CONCEPTS OF STOCK DIVIDENDS

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CRIMINAL PROCEDURE-EVIDENCE-STATUTORY LIMITATION OF JENCKS DECISION

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EVIDENCE--SEARCHES AND SEIZURES--INADMISSIBILITY IN FEDERAL COURT OF EVIDENCE OBTAINED THROUGH AN UNREASONABLE SEARCH BY STATE OFFICERS

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EVIDENCE--WITNESSES-ABILITY OF ONE SPOUSE TO TESTIFY AGAINST THE OTHER IN FEDERAL CRIMINAL PROCEEDINGS

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HABEAS CORPUS--FEDERAL COURT REMAND OF PETITIONER TO STATE COURT FOR NEW TRIAL

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MUNICIPAL CORPORATIONS--TORT LIABILITY--DUTY TOPROVIDE POLICE PROTECTION TO INFORMERS

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TAXATION--ESTATE TREASURY REGULATIONS ON GOVERNMENT …

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.

An Introduction To The Study Of Presumptions, Ernest F. Roberts

Villanova Law Review (1956 - )

No abstract provided.

Admissibility Of Extrajudicial Identification As Substantive Evidence, Martin A. Dyer

Maryland Law Review

No abstract provided.

The Use Of Expert Evidence In Res Ipsa Loquitor Cases, Graham L. Fricke

Villanova Law Review (1956 - )

No abstract provided.

Annual Survey Of Tennessee Law, Harold Seligman

Vanderbilt Law Review

Of particular significance in this field during the survey year has been the decision of the Supreme Court of Tennessee in Southern Bell Tel. and Tel. Co. v. Tennessee Pub. Serv. Comm'n. Several aspects of administrative law are involved in this holding, including scope of review, evidence to be considered by the court on review, and the rate-making function...

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In Flowers v. Benton County Beer Board, the license of a beer permit holder was revoked by a county beer board due to the holder's plea of guilty to driving an automobile while under the influence of an intoxicant in …

Criminal Law And Procedure -- 1958 Tennessee Survey, Charles H. Miller

Vanderbilt Law Review

In surveying the field of criminal law and procedure the cases presented to the supreme court during the year were little more than normal or typical. Several of the criminal cases are not presented in detail in this article, as they are dealt with in other survey sections.

Procedure And Evidence -- 1958 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

Construction and Sufficiency on Demurrer: A pleading must be construed in the light of matters judicially noticed; an allegation of facts from which the inference of the existence of an essential fact is no more reasonable or is less reasonable than an inference of its non-existence is not the equivalent of an allegation of that essential fact. ...

Thus in an action against a Pension Board for money due, a demurrer to the bill of complaint specifying only the failure to allege a ground of recovery does not raise the question whether the decision of the Pension Board is made …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Jurisdiction--Assumption of Personal Jurisdiction over Non-Resident Insurer on the basis of a Single Insurance Contract

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Constitutional Law--Taxation--Tax Immunity of Federal Government not Infringed by Local Taxes upon Possession of Government Property

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Evidence--Hearsay--Utterance of Employee under Emotional Stress Admissible to Establish Scope of Employment and Render Employer Vicariously Liable

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Insurance--Automobile--Duplicating Recoveries allowed under Liability and Medical Payment Clauses of Automobile Liability Insurance Policy

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Insurance--Business Indemnity--Radiation Decontamination Expenses not Recoverable under a Business Interruption Clause

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Insurance--Life--Variable Annuity Contracts not Subject to Regulation by Securities and Exchange Commission

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Physicians--Unprofessional Conduct--Willful Evasion of Federal …

Variable Verbalistics -- The Measure Of Persuasion In Tennessee, Kenneth L. Roberts, William M. Sinrich

Vanderbilt Law Review

In a trial one party always has the affirmative burden of persuading the finder of fact to adopt his allegations as true. This burden is met by inducing a particular degree of belief in the mind of the fact finder.'Manifestly, absolute truth is not attainable in a lawsuit. Rather certain facts are found to exist from all the evidence presented and these findings labeled true for the purposes of the case. Since different factual situations require different measures of persuasion, it is necessary that the fact finder, whether judge or jury, know and understand the particular measure applicable in order …

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

A Defendant's Appearance As Evidence Of His Age

Washington and Lee Law Review

No abstract provided.

Business Records As Evidence In West Virginia, R. M.

West Virginia Law Review

No abstract provided.

Evidence--Res Gestae--Spontaneous Declarations, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, J. L. R.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship

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Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan

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Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run

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Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless

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Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings

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Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land

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Book Reviews, Ronan E. Degnan, James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)

Vanderbilt Law Review

Book Reviews:

Cases and Materials on Evidence, Fourth Edition. By Morgan, Maguide & Weinstein Brooklyn: Foundation Press, 1957. Pp. xxiv,880. $11.00

reviewers: Ronan E. Degnan and David W. Louisell

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Estate Planning and Taxation Two volumes. By William J. Bowe Buffalo: Dennis & Company, Inc., 1957. Vol. I, pp. lvi, 590; Vol. II,pp. viii, 614.

reviewer: James J. Lenoir

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The Sanctity of Life and the Criminal Law By Glanville Williams. New York: Alfred A. Knopf, 1957. Pp. xi, 350. $5.00.

reviewer: David H. Vernon

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Current Legal Problems Edited by G. W. Keeton & G. Schwarzenberger London: Stevens & …

Evidence--Weight Of Evidence And Credibility Of Witnesses--Juror's Common Knowledge And Experience, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

An Introduction To The Study Of Presumptions, Ernest F. Roberts

Villanova Law Review (1956 - )

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

View By A Judge Sitting In Lieu Of A Jury, R. W. F.

West Virginia Law Review

As stated by Dean Thomas P. Hardman in his article on the evidentiary effect of views, the question whether a judge may have a view and whether what the judge observes upon a view is usable as substantive evidence, has never been judicially decided in West Virginia. However, recently in the case of Westover Volunteer Fire Department v. Barker2 hereinafter referred to as the principal case, the Supreme Court of Appeals of West Virginia was, to a very limited extent, presented with those questions. Because there are today a great number of cases in which the judge sits as the …