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Articles 61 - 83 of 83
Full-Text Articles in Evidence
Presumed Guilty Until Proven Innocent: Using Results Of Statistical Or Econometric Studies As Evidence, John M. Tyson
Presumed Guilty Until Proven Innocent: Using Results Of Statistical Or Econometric Studies As Evidence, John M. Tyson
St. Thomas Law Review
This Article examines the prerequisites required before results of statistical or econometric studies based upon empirical data should be admitted into evidence in light of the Supreme Court of the United States' decision in McCleskey v. Kemp. In addition, it reviews other cases in which results of statistical studies were considered are reviewed to define and describe the methods applied. Moreover, to determine whether proper safeguards exist to justify their role in the American Justice System, the Article examines the inherent tension between traditional judicial fact-finding and admitting results of quantitative studies based on empirical data as 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 recent developments in evidence law. It focuses on specific issues, including statements for medical treatment or diagnosis, tape recordings, "probativeness" versus "prejudice," and others.
Is The Witness Believable? A New Look At Truth And Veracity Character Evidence And Bad Acts Relevant To Truthfulness In A Criminal Case, Fred W. Bennett
Is The Witness Believable? A New Look At Truth And Veracity Character Evidence And Bad Acts Relevant To Truthfulness In A Criminal Case, Fred W. Bennett
St. Thomas Law Review
This article explores the evidentiary use at trial of a witness' character for truthfulness or untruthfulness.' Additionally, the article discusses Federal Rules of Evidence (Rule or Rules) 404(a)(1), 405(a), 608(a), and 608(b). Part II of this article covers the common law antecedents of the rules governing the use of truth and veracity character evidence. Part III explores the rationale and scope of Rule 404(a)(1), with illustrations of the use of opinion and reputation evidence under this rule. This section also includes a discussion of Rule 405(a), with an illustration of cross-examination under this rule. Part IV covers Rule 608(a) along …
Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.
Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.
William & Mary Law Review
No abstract provided.
Should Defense Counsel Interview Plaintiffs' Treating Physician Ex Parte: Physician-Patient Privilege V. Discovery, Diane Davis
Should Defense Counsel Interview Plaintiffs' Treating Physician Ex Parte: Physician-Patient Privilege V. Discovery, Diane Davis
St. Thomas Law Review
This article first discusses the physician's ethical and legal obligations towards the patient and society. Second, it explores cases in which a patient's right to claim the physician-patient privilege was at issue, and why courts permitted or prohibited ex parte interviews. The article concludes that the courts prohibiting ex parte interviews of treating physicians reach the proper result based on the public policy favoring the physician-patient privilege.
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
The Conflict Concerning Expert Witness And Legal Conclusions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Jurisprudence Or "Juriscience"?, Howard T. Markey
Jurisprudence Or "Juriscience"?, Howard T. Markey
William & Mary Law Review
No abstract provided.
Scientific Evidence - An Introduction, Fredric I. Lederer
Scientific Evidence - An Introduction, Fredric I. Lederer
William & Mary Law Review
No abstract provided.
Judge Versus Jury: Who Should Decide Questions Of Preliminary Facts Conditioning The Admissibility Of Scientific Evidence?, Edward J. Imwinkelried
Judge Versus Jury: Who Should Decide Questions Of Preliminary Facts Conditioning The Admissibility Of Scientific Evidence?, Edward J. Imwinkelried
William & Mary Law Review
No abstract provided.
Applying Lawyers' Expertise To Scientific Experts: Some Thoughts About Trial Court Analysis Of The Prejudicial Effects Of Admitting And Excluding Expert Scientific Testimony, James M. Doyle
William & Mary Law Review
No abstract provided.
Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley
Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley
William & Mary Law Review
No abstract provided.
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
Faculty Publications
The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
Faculty Publications
During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …
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: Privileges, Charles W. Ehrhardt
Evidence Code: Privileges, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Hearsay, Charles W. Ehrhardt
Evidence Code: Hearsay, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Presumptions, Charles W. Ehrhardt
Evidence Code: Presumptions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: General Provisons, Charles W. Ehrhardt
Evidence Code: General Provisons, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Witnesses, Charles W. Ehrhardt
Evidence Code: Witnesses, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt
Evidence Code: Opinions And Expert Testimony, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Relevancy, Charles W. Ehrhardt
Evidence Code: Relevancy, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence Code: Judical Notice, Charles W. Ehrhardt
Evidence Code: Judical Notice, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Evidence--Res Ipsa Loquitur--Does The Doctrine Raise A True Presumption Of Law Or Only A Permissible Inference Of Fact?, C. T.
West Virginia Law Review
No abstract provided.