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Articles 181 - 210 of 223
Full-Text Articles in Evidence
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Law Faculty Scholarly Articles
This article is a survey of Kentucky law on evidence. Almost as often as not the government's case in criminal litigation will contain evidence indicating that the accused committed some offense other than the one for which he is being tried. Consequently a set of rules to control the use of evidence of "other crimes" has evolved. In most jurisdictions it consists of a single rule that prohibits the use of such evidence against a defendant along with a group of exceptions that virtually engulfs the prohibition against admissibility. Kentucky law is so structured. As all lawyers who engage in …
A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed
A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed
Articles
On January 6, 1977, the Supreme Court of Michigan entered an order stating that it is considering adoption of the proposed Michigan Rules of Evidence which were submitted to the Court by the committee which it appointed in March 1975. The Court has solicited comments from interested persons regarding the proposed rules. A copy of the Supreme Court's order is published in this issue of the Bar Journal. The proposed rules are published in the January 26, 1977, issue of North Western Reporter, Second Series (Michigan Edition). The purpose of this article is to review in general the background and …
Bad News And Good News, John W. Reed
Bad News And Good News, John W. Reed
Articles
I have been asked to visit with you about some of my current interests in the evidence field, in which I teach. When you invite an academic lawyer to speak at your meeting, you obviously expect of him something other than the latest hot tips on trial strategy and tactics, something other than a speech entitled "Reflections on My Last Eleven Victories in Court." Others can do that for you, probably at lunch - or, even better, at cocktails with the successes more impressive and the defeats more forgivable under the influence of an ounce or two of alcohol.
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Law Faculty Scholarly Articles
This article provides a survey of Kentucky case law on evidence. The author discusses: the “Cotton” doctrine, hearsay and the reported testimony exception, learned treatises, and the best evidence rule.
Substantive Use Of Prior Inconsistent Statements Under The Federal Rules Of Evidence, Walker Jameson Blakey
Substantive Use Of Prior Inconsistent Statements Under The Federal Rules Of Evidence, Walker Jameson Blakey
Kentucky Law Journal
No abstract provided.
Res Gestae And The Excited Utterance: An Explanation Of The Kentucky Approach, Henry L. Stephens
Res Gestae And The Excited Utterance: An Explanation Of The Kentucky Approach, Henry L. Stephens
Kentucky Law Journal
No abstract provided.
Bad News And Good News, John W. Reed
Bad News And Good News, John W. Reed
Other Publications
Law schools do one thing superbly well: they teach the intellectual skills of reasoning, of distinction drawing, of deductive and inductive logic, of anlysis and synthesis. These are heavily verbal skills, at least in the context in which lawyers employ them, and students are tested for their mastery of these skills by written examinations. If one does well, he or she is placed on the law review, where these particular skills are honed even further.
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
Scholarly Publications
The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …
Evidence Code: Hearsay, Charles W. Ehrhardt
Evidence Code: Hearsay, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence--Prior Inconsistent Statements--Court Reverses Long Line Of Decisions, Joel V. Williamson
Evidence--Prior Inconsistent Statements--Court Reverses Long Line Of Decisions, Joel V. Williamson
Kentucky Law Journal
No abstract provided.
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Preliminary Notes Toward A Study Of Judicial Notice, E. F. Roberts
Cornell Law Faculty Publications
The author describes the common law as a "machine," with judges and lawyers as its working parts. He explains that its successful operation requires a kind of "intellectual adrenalin" in order to keep it responsive to its changing environment. This is the function of judicial notice. The author next examines the different views of judicial notice and points out that each is a reflection of the era in which it was created. He concludes that judicial notice is not a distinct doctrine like the hearsay rule, but rather is simply the art of thinking as practiced within the legal system.
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
Michigan Law Review
Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …
Evidence Of The Absence Of Fresh Complaint Is Admissible In Sodomy Prosecution-United States V. Goodman, Michigan Law Review
Evidence Of The Absence Of Fresh Complaint Is Admissible In Sodomy Prosecution-United States V. Goodman, Michigan Law Review
Michigan Law Review
Defendant was convicted of two counts of sodomy by a general court martial. The alleged victims of the defendant had failed to complain immediately following the incidents, and evidence of such failure on the part of one of the witnesses had been admitted at trial. A Navy board of review affirmed the conviction, modifying the sentence. Defendant appealed to the United States Court of Military Appeals on the ground that it had been prejudicial error for the law officer to refuse to give a proffered instruction to the court-martial panel respecting the victim's failure to make fresh complaints. On appeal, …
Is Necessity Alone Sufficient Basis For Hearsay Exception? - Moore V. Atlanta Transit System, Inc., Wilbur E. Simmons Jr.
Is Necessity Alone Sufficient Basis For Hearsay Exception? - Moore V. Atlanta Transit System, Inc., Wilbur E. Simmons Jr.
Maryland Law Review
No abstract provided.
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.
A Comparison Of Uniform Rule Of Evidence 63(1) And (4) And Virginia Law
A Comparison Of Uniform Rule Of Evidence 63(1) And (4) And Virginia Law
Washington and Lee Law Review
No abstract provided.
The Hearsay System: Around And Through The Thicket, John M. Maguire
The Hearsay System: Around And Through The Thicket, John M. Maguire
Vanderbilt Law Review
All these complicated rules about hearsay are very strange for us, our judges having the right to evaluate the importance of what a witness says or a paper may prove. In this regard, the position of our judges is much freer than yours; in general a German judge can refuse any means of evidence only if he thinks that the fact to be proved is without relevance to the case, or if he accepts the fact to be proved as true, or if the evidence cannot be reached or in his opinion is only designed to delay the procedure. The …
Evidence: Admission Of Agent's Declarations To Prove Course Of Employment
Evidence: Admission Of Agent's Declarations To Prove Course Of Employment
Washington and Lee Law Review
No abstract provided.
Objections To Former Testimony
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Michigan Law Review
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Michigan Law Review
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?
Spontaneous Exclamation Improperly Admitted To Prove Agency
Spontaneous Exclamation Improperly Admitted To Prove Agency
Washington and Lee Law Review
No abstract provided.
Reliability Of Declarations Against Penal Interest
Reliability Of Declarations Against Penal Interest
Washington and Lee Law Review
No abstract provided.
Comments, Various Editors
Hearsay Evidence As A Basis For Prosecution, Arrest And Search
Hearsay Evidence As A Basis For Prosecution, Arrest And Search
Indiana Law Journal
No abstract provided.
What Is This Thing Called Hearsay?, John W. Reed
What Is This Thing Called Hearsay?, John W. Reed
Articles
This article is based on an address delivered at the 1956 Advocacy Institute at the University of Michigan. A re-examination of elementary principles, the discussion proceeds on the express assumption that much of the uncertainty and confusion in usa of the hearsay rule is unnecessary because it is due to failure to recall and employ these principles.
Morgan: Some Problems Of Proof Under The Anglo-American System Of Litigation, Roy R. Ray
Morgan: Some Problems Of Proof Under The Anglo-American System Of Litigation, Roy R. Ray
Michigan Law Review
A Review of Some Problems of Proof Under the Anglo-American System of Litigation. By Edmund Morris Morgan.
The Twilight Zone Of Hearsay, Richmond Rucker
The Twilight Zone Of Hearsay, Richmond Rucker
Vanderbilt Law Review
The twilight zone of hearsay and nonhearsay has provoked searching analyses by eminent authorities in the field of evidence. Although these contributions have doubtless been of inestimable value, exerting a profound influence in the solution of problems dealing with acts and utterances within this area of proof, there is much to be desired in the way of clarity as reflected by innumerable opinions of the courts. No fatuous notion is here entertained that within the limits of this discussion order will be rescued from chaos, or for that matter that an appreciable contribution will be made toward that end. Nevertheless, …
The Twilight Zone Of Hearsay, Thomas P. Hardman
The Twilight Zone Of Hearsay, Thomas P. Hardman
West Virginia Law Review
No abstract provided.
Evidence-Documentary Proof Of Market Value Of Personal Property-Admissibility-Relationship To Oral Testimony Based Thereon, P. F. Westbrook, Jr. S.Ed.
Evidence-Documentary Proof Of Market Value Of Personal Property-Admissibility-Relationship To Oral Testimony Based Thereon, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
Even the most casual observer of modern business practices will accede to the general proposition that the most accurate reflection of market value for many commodities can be found in documentary sources. This is particularly true of those commodities of an homogeneous character which are sold in well-organized markets characterized by price uniformity and free access to price information. Of them, it may well be said that no more satisfactory evidence of market value than the newspaper market reports can be found, barring the possibility of personal observation of "the board" at the market itself. However, the average businessman will …