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Articles 151 - 180 of 187
Full-Text Articles in Evidence
The Effect In Virginia Of Conviction Of Crime On Competency And Credibility Of Witnesses, Dudley Warner Woodbridge
The Effect In Virginia Of Conviction Of Crime On Competency And Credibility Of Witnesses, Dudley Warner Woodbridge
Faculty Publications
No abstract provided.
Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson
Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson
Michigan Law Review
In a proceeding for judicial process to compel defendant to obey a subpoena duces tecum issued by the United States Board of Tax Appeals, defendant asserted that the documents called for were irrelevant to the issue involved, and that the subpoena was a violation of the Fourth Amendment to the Federal Constitution. Held, a witness is not entitled to resist a subpoena for mere incompetency or irrelevancy. To question admissibility, the papers must be so manifestly irrelevant as to make it plain that it is a mere "fishing expedition." One paragraph of the subpoena was declared invalid, as lacking …
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Michigan Law Review
The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.
Evidence -Admissibility Of Statements Of Fact Made During Negotiation For Compromise, John E. Tracy
Evidence -Admissibility Of Statements Of Fact Made During Negotiation For Compromise, John E. Tracy
Michigan Law Review
At present, the various jurisdictions hold with comparative uniformity that while offers to settle a dispute are not admissible in evidence, statements of independent fact made during such compromise negotiation are admissible. The routes of logic by which the courts arrive at this similarity in result are marked by some fundamental differences, as will be shown later, but the result is the same under any theory. The question therefore presents itself, whether the distinction made by the courts between the admissibility of offers to compromise and statements of fact made during compromise negotiations can be justified under a system of …
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Michigan Law Review
The defendant, being tried in a federal district court on an indictment for conspiracy to violate the prohibition law, offered his wife as a witness in his behalf. The district court, following what it concluded to be the established rule of the federal courts, refused to allow her to testify. The circuit court of appeals affirmed this ruling without discussing the point. Certiorari was granted by the Supreme Court, limited to the question as to what law was applicable in determining the competency of the wife. Held, that the federal courts have the power to determine for themselves the …
Witnesses-Cross Examination-Impeachment
Stare Decisis And The Dead Hand Of The Common Law, Trixy M. Peters
Stare Decisis And The Dead Hand Of The Common Law, Trixy M. Peters
West Virginia Law Review
No abstract provided.
Evidence-Corroboration In Criminal Cases
Evidence-Corroboration In Criminal Cases
Michigan Law Review
On the night of September 12, 1931, Mrs. Thalia Massie, while walking unescorted along a road near Honolulu, was forced into a car, taken to a lonely spot, and attacked by five young men. The five alleged attackers were placed on trial for rape. The jury was unable to reach a verdict and a mistrial was declared.
The Nature Of Proof, Thomas E. Atkinson, Raymond H. Wheeler
The Nature Of Proof, Thomas E. Atkinson, Raymond H. Wheeler
Michigan Law Review
A Review of THE PRINCIPLES OF JUDICIAL PROOF. By John Henry Wigmore.
Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings
Michigan Law Review
On indictment for the refusal to give information requested by the authorized revenue agent, the appellee interposed a special plea averring that it would compel him to become a witness against himself in violation of the Fifth Amendment of the federal Constitution which reads, "nor shall any person be compelled to be a witness against himself." Held, the danger of incrimination in a state court was not grounds for asserting the constitutional privilege. United States v. Murdock, 284 U. S. 141, 52 Sup. Ct. 63, 76 L. ed. 83 (1931).
Federal Practise-Review Of Facts-Instance Of When Verdict Must Be Directed
Federal Practise-Review Of Facts-Instance Of When Verdict Must Be Directed
Michigan Law Review
This was a case in which a motion for a directed verdict was denied by the trial court on the ground that there was sufficient evidence to justify a submission of the case to the jury. The circuit court of appeals affirmed this, but on appeal to the Supreme Court it was held error. Southern Ry. Co. v. Walters (U.S. 1931) 52 Sup. Ct. 58.
Discovery Before Trial, George Ragland Jr.
Discovery Before Trial, George Ragland Jr.
Michigan Legal Studies Series
The purpose of this volume is to present in a convenient and usable form a comparative study of the expedients which are being employed in various American and English jurisdictions for the purpose of facilitating pre-trial practice, to describe the practical operation of the different devices, and to show their effect upon the general administration of justice. An analysis of the statutory and case law has been combined with data which shows the practical operation of the procedure in the everyday work of the lawyer and judge. Field studies were made by the author in different cities of the following …
Evidence-Ballistics As Subject Matter Of Expert Testimony
Evidence-Ballistics As Subject Matter Of Expert Testimony
Michigan Law Review
W, among other things a professional expert witness and a ballistics expert, testified that the bullet found in the body of the deceased was fired from the gun identified as being that of the defendant. Held, the evidence was properly admitted. People v. Fisher et al. (Ill. 1930) 172 N.E. 743.
Witnesses--Making A Witness One's Own By Cross-Examination--Impeachment, Harold F. Porterfield
Witnesses--Making A Witness One's Own By Cross-Examination--Impeachment, Harold F. Porterfield
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Wills-Admissibility Of Statements Of Testator In Proceedings Contesting A Will
Wills-Admissibility Of Statements Of Testator In Proceedings Contesting A Will
Michigan Law Review
There are, perhaps, very few matters upon which ordinary men are more reticent than the testimentary disposition of their property. The testator, having made his will, often practices the utmost secrecy regarding it, evading questions and, sometimes, even violating the truth in order to preserve peace among his kinsmen until he is gone. And yet, when proceedings are brought for the purpose of contesting the will, we often find the courts admitting in evidence statements made by the testator before or after the making of the will. In a recent California case, in response to the objection that the alleged …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Evidence--Impeaching Credibility By Previous Conviction, C. P. W.
Evidence--Impeaching Credibility By Previous Conviction, C. P. W.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Evidence By Surviving Participant Of A Contract Or Other Transaction
Evidence By Surviving Participant Of A Contract Or Other Transaction
Michigan Law Review
Among the most prolific and endless sources of litigation of recent times are the so-called "dead man statutes", which forbid the surviving participant in a contract or other transaction to testify regarding it unless the opposing party waives the restriction. These statutes lay down a rule of thumb which treats all cases, meritorious or unmeritorious, exactly the same. In attempting to apply them to the cases the courts have made one fine distinction after another, only to interject still finer ones in between, until the whole· makes a labyrinth in which suitor and court have often found themselves hopelessly lost. …
Evidence--Former Testimony--Unavailability Of Witness, H. J. P.
Evidence--Former Testimony--Unavailability Of Witness, H. J. P.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Presumptions, Victor H. Lane
Presumptions, Victor H. Lane
Michigan Law Review
Persistent controversial discussions furnish evidence that there are still uncertainties as to some phases of the nature as well as the law of presumptions. We have recently come much nearer to a common understanding in this field, due to most careful and thoughtful discussions of this subject by such masters of it as Thayer and Wigmore and Chamberlayne. It is 'less with the hope of adding significantly new matter than with the belief that even that which smacks of reiteration may still assist in drawing attention which, once aroused, may ultimately dispel the fog, that this brief discussion of the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Privileged Communication Between Attorney And Client-Question Of Whether The Relation Exists Left To Jury-Party Allowed To Assign Error On Ruling Violating The Privilege, Victor H. Lane
Articles
This procedure was justified in the opinion in State v. Snook (Court of Errors and "Appeals of N. J., 1920), 109 Atl. 289. Snook was on trial for manslaughter charged as having been committed by the reckless driving of an automobile. After the act, Mimmick, one of the persons in the automobile, and afterward a witness for the defense, went to an attorney and had some conversation with him, the substance of which, as testified to by the attorney, was a recital by M. of what had occurred and an inquiry by him of the attorney as to what he …
Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane
Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane
Articles
Van Sickle v. Doolittle, (Ia., 1918), 169 N. W. 141, was an action for malpractice against a physician of the homeopathic school of medicine. Upon the trial, a physician of the allopathic school was called, and after testifying that he was unskilled in the science of homeopathy, was allowed to testify that the treatment shown to have been given to the patient by defendant, would produce no physiological effect, and that proper treatment required the giving of such medicines as would produce such effect. This was held error upon the ground that the defendant was called to treat the patient …